HONBLE MEHTA, J. - (1.) These four appeals have been preferred against the judgment dated 20.04.2017 passed by Additional Sessions Judge (Women Atrocities Cases) No.2, Kota and thus the same are being heard and decided together by this common judgment. The appellants herein above have been convicted and sentenced as below by the learned trial Court. Being aggrieved by the conviction and sentenced awarded to them, the appellants have preferred these appeals under Section 374 Cr.P.C. (I) APPEAL No.1005/2017: Accused appellants Jagdish, Dayaram and Shambhu Dayal convicted for the offences punishable under:- (i) Sec.148 IPC: Sentenced to undergo simple imprisonment for two years. (ii) Sec.323/149 IPC: Sentenced to simple imprisonment for one year. (iii) Sec.302/149 IPC: Sentenced to imprisonment for life and to pay fine of Rs.50,000/-, in default of payment of fine to further undergo simple imprisonment for two months. (II) APPEAL NO. 806/2017: Accused appellant Mahaveer convicted for the offences punishable under:- (i) Sec.148 IPC: Sentenced to undergo simple imprisonment for two years. (ii) Sec.323/149 IPC: Sentenced to simple imprisonment for one year. (iii) Sec.302/149 IPC: Sentenced to imprisonment for life and to pay fine of Rs.50,000/-, in default of payment of fine to further undergo simple imprisonment for two months. (III) Appeal No. 876/2017: Accused appellants Ashok and Girraj convicted for the offences punishable under:- (i) Sec.148 IPC : Sentenced to undergo simple imprisonment for two years. (ii) Sec.323/149 IPC: Sentenced to simple imprisonment for one year. (iii) Sec.302/149 IPC: Sentenced to imprisonment for life and to pay fine of Rs.50,000/-, in default of payment of fine to further undergo simple imprisonment for two months. (IV) Appeal No. 939/2017: Accused appellant Pappu @ Mahendra convicted for offences punishable under :- (i) Sec.148 IPC : Sentenced to undergo simple imprisonment for two years. (ii) Sec.323/149 IPC: Sentenced to simple imprisonment for one year. (iii) Sec.302/149 IPC: Sentenced to imprisonment for life and to pay fine of Rs.50,000/-, in default of payment of fine to further undergo simple imprisonment for two months.
(2.) Succinctly stated the facts relevant and essential for decision of these appeals are noted herein below. A Parcha Bayan (Ex.P9) of injured Mahesh Gurjar (PW8) was recorded by ASI of Police Station, Kethaun (Kota) at M.B.S. Hospital, Kota wherein, the injured alleged that on the same day, he alongwith his brother Mangi Lal (deceased), maternal uncle Hiralal (PW6) and Mahaveer (PW18) had gone from Rangbadi, Kota in a jeep to the Gram Panchayat Baniyani for submitting tenders. They reached Baniyani at 12:30 p.m. and submitted their tenders. The time for accepting the tenders was up to 1:00 p.m. At about 2:30 p.m. they were informed that the Sarpanch and Up-Sarpanch were not available and thus, the tenders would not be opened on the same day and the next date would be informed later on. After this information, the informant and his companions were moving out from Gram Panchayat when the accused Jagdish, Daya Ram, Ramesh, Devlal, Ashok, Girraj, Harji and Pappu Gurjar came there and started hurling abuses towards them and also launched an attack. Jagdish was armed with farsa like an axe, Dayaram was having a gandasi and the other accused were holding iron rods and pipes. It was further alleged that Jagdish and Dayaram inflicted blows with their respective weapons i.e. axe and gandasi on the head of Mangi Lal who fell down. Thereafter, the remaining accused gave a beating to the victim by iron rods and pipes. The informant tried to intervene, on which he too was beaten all over the body. Hiralal also tried to intervene but he also met the same fate. While the incident was going on, Smt. Bhuri Bai, mother of Jagdish and Sugna Bai W/o Shambhu came there and they also participated in the assault. It was alleged that the accused persons had launched the assault on the complainant-party without there being any reason or previous animosity. Their jeep and motorcycle were also damaged. An ambulance was called to the spot and all the three injured were taken to M.B.S. Hospital where they were admitted for treatment. On the basis of this parcha bayan, an FIR No.91/2011 (Ex.P22) came to be registered at the police station, Kethun for the offence under Sections 147, 148, 149, 323 and 307 of IPC and investigation was commenced. During the course of investigation, the accused-appellants were arrested whereas, two accused Ramesh and Devlal are reported to be still absconding.
(3.) The injured Mangi Lal passed away while undergoing treatment at M.B.S. Hospital, on which, the offence under Section 302 IPC was added to the case. The dead body of Mangi Lal was subjected to postmortem by a Medical Board constituted at M.B.S. Hospital which issued the postmortem report (Ex.P14) proved by Dr. Arun Sharma (PW-13), taking note of the following antemortem injuries:- (1) Stitched wound 5 cm long on the back side of head near middle line. (2) Cut wound 2 1/2 cm x 1/2 cm on the proximal part of ring finger. (3) Cut wound 1 1/2 x ¼ cm skin deep on the left middle finger. (4) Abrasions 1 1/2 x 1 1/2 cm on the upper back of the right leg. (5) Bruises ad measuring 6x2 cm on the left forearm. On opening the head injury, the right frontal bone was found fractured and underneath the wound, a thick subdural haematoma was seen which damaged the brain and proved fatal. The injury no.2 was also found to be grievous in nature. Opinion was expressed by the Board that head injury was sufficient in the ordinary course of nature to cause death and proved fatal. ;