- (1.) This appeal under Section 374, Cr.P.C. is directed against the order/judgment dated 26.2.1991 of Additional Sessions Judge, Gangapur City in Sessions Case No. 10/1990. The learned judge convicted the appellant Surjiya under S. 302, IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000/-. In default of payment of fine he was to undergo rigorous imprisonment for six months. The remaining five co-accused persons were acquitted from all the charges and the appellant Surjiya was also acquitted from the charges under S. 147 and S. 148,I.P.C.
(2.) In brief, the incident had taken place at 10 a.m. on 3.11,1989. A written report of the incident was submitted by PW 3 Ram Swaroop to A.S.I. Police Station Nadoti at village Bhanwarpada. The prosecution case, as disclosed in the report, was that Ram Khiladi, Ram Niwas, Hari Ram and Ramchandra had a joint well in the village. In the well Ram Khiladi had a separate engine while Hari Ram, Ram Chandra and Ram Niwas had a joint engine fitted for drawing water for irrigation. The appellant Surjiya is the son of Ram Niwas. Babu Lal and Ram Bhajan were operating the engine and the appellant Surjiya, Hari Ram and Ramniwas were ploughing at a distance of .50-60 Pawandas while Dharam Singh, Kanhaiya Lal and Smt. Mooli were sowing wheat in the field. It was also stated that between Ram Khiladi on the one hand and Hari Ram, Ramniwas and Ramchandra on the other hand, a litigation with regard to the field was going on for the last l1/2 years. When the accused persons were ploughing the field and Babu Lal and Ram Bhajan were operating the engine, Ram Khiladi (now deceased) came to the well. Babu Lal and Ram Bhajan turned the water pipe, which caused wetting of the belt of Ram Khiladi's engine. Ram Khiladi objected to this and said it would damage his engine. Babu Lal and Ram Bhajan accosted Ram Khiladi. Appellant Surjiya, Hari Ram and Ram Niwas also hurled abuses at Ram Khiladi. As per the report all the co-accused persons, namely; Babu Lal, Ram Bhajan, Hari Ram, Ram Niwas, Dharam Singh and Kanhaiya surrounded Ram Khiladi near the well and the appellant Surjiya, who was having a spade in his hand, inflicted a blow on the head of Ram Khiladi on being asked by Ram Niwas and Hari Ram and a further accusation was made against Dharam Singh that he sat on the chest of Ram Khiladi and pressed his neck. Thereafter, the co-accused Ram Niwas and Hari Ram brought Ram Khiladi near the well to throw him in the well but on a cry made by the informant, Kajodiya, Smt. Shakoori, Ram Rakh and Ummedi came on the spot. The accused persons ran away seeing these persons coming there.
(3.) On this report Criminal Case No. 90/89 was registered at the Police Station Nadoti under Section 302,I.P.C. Post Mortem on the dead body of Ram Khiladi was conducted by PW 10 Dr. Shriphool Meena. He found one incised wound on the left side of the skull of the deceased. In the opinion of the doctor, the injury was caused by a sharp edged weapon and was sufficient in the ordinary course of nature to cause his death. After usual investigation the police submitted a chargesheet against all the, six accused persons including the appellant.;