Y.R.Meena, J. - (1.) These three connected appeals are directed against the judgment of the learned Additional Sessions Judge, Nohar, whereby, he convicted the appellant Harphool for offence under Section 148, IPC and sentenced him to undergo 2 years R.I. and to pay fine of Rs. 500/-, in default of payment of fine to further undergo 3 months R.I. He further convicted him for offence under Sec. 302/149, IPC and sentenced him to undergo life imprisonment, and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months R.I. He also convicted Maniram, Bhagirath, Ram Ratan & Ramkumar for offence under sec. 147, IPC and sentenced to each of them to undergo 2 years' R.I. and to pay a fine of Rs. 500/- each in default of payment of fine to further undergo 3 months' R.I. He further convicted them for offence under Sec. 302 read with Sec. 149, IPC and sentenced each of them to further undergo life imprisonment and to pay a fine of Rs. 500/- each, in default of payment of fine to further undergo 3 months R.I. All the substantive sentences in respect of each accused-appellants shall run concurrently.
(2.) The facts necessary to be noticed, in short are that one Amru Ram Jat (PW 1) lodged an oral report on 23-3-1983 at the police station, Bhadra alleging that about 11/2 years prior to the present incident, there was a quarrel between his son Amilal and Harphool s/o Daulat Ram. There are strained relations between Amilal (deceased) and Harphool. On 24-3-83, there was marriage of Laxmi Narain's daughter in the village and 'Barat' had stayed at the house of Harlal and sons of the informant were looking after the Baraties. At about 11.00 p.m. in the night, the informant heard the cries 'Mare Re Mare Re' from the street. He went towards the site where from these cries were coming. After reaching in the street, he noticed Harphool accused assaulting Amilal, deceased with Gandasi and the other accused-persons Maniram, Ramratan, Bhagirath and Ramkumar assaulting him with lathies. There was bleeding from the injuries sustained by Amilal. The cries of Amilal and the informant attracted the presence of Kishnaram, Rawatram and Bhagirath and on 'Lalkar' all the five accused-persons ran way. Injured Amilal fell unconscious. He was placed in a tractor trolley and was taken to Bhadra General Hospital. The informant remained in the village to give a send off to the Barat. After the departure of Barat, Amruram went to Bhadra General Hospital, there he learnt that Amilal had been taken to Hissar Hospital for treatment. He also learnt that report had not yet been filed and he went to the police station and lodged the report. Upon report by Amruram, a case was registered u/ss. 307, 147, 148 and 149, IPC. After death of Amilal the case was converted into Sec. 302, IPC. from Sec. 307 IPC. After registering the case, the investigation was started. The Investigating Officer went to the site & prepared the site plan (Ex P.2) description of the site memo (Ex P.2A) and obtained control soil and blood stained soil and sealed them in packets and sent to the Forensic Science Laboratory. The post-mortem of the dead-body of Amilal was got conducted. The post-mortem examination report is Ex P/16. The doctor while conducting the postmortem examination, found the following injuries on the person of the deceased Amilal: (1) A stiched wound 8 cm in length is present on the right side of the Head starting from right mastoid bone and extending back wards on the occipital bone. (2) A stiched wound 5 cm in length present on the right occipital bone placed 3.5 cm. above the injury No. 1. On dissection on removing stiches both the wounds are bone deep. Haematoma present in the arrounding tissues Depressed fracture of the right occipital bone is present. Duramatter at the site of fracture is torn. Sub-archnoid haemorrhage on the right hemisphere of the brain. (3) A lacerated wound 1 x 4 cm. muscle deep present 2 cm below & post from the lobula of right ear. Clotted blood present in the wound and underlying tissue. (4) A contusion mark 7 x 4 cm present on the left side of the fore-head just above the left eye brow. S/c ecchymosis present Redish blue in colour. (5) Two abrasion marks present on the left side of face measuring 2 x 0.4 cm and 2 x 0.2 cms., respectively. They are situated 2 cm below the left Lat. Canthus of the left eye and I am below the medial canthns of the left eye respectively. Crest present. (6) Multiple contusion marks numbering ten are present on the back and outer aspect of the chest and abdomen in its right side. They measures in between 12 x 2.5 cm. and 25 x 2.5 cm. They lie in criss-cross manner. Kedish blue in colour, S/c ecchymosis present. On dissection 9 and 10 ribs on the right side are fracture at their lateral angle thereby rupturing the post, surface of right lobs of liver. Liver parenchyma is torn. The disphram on the right side is also ruptured. Haemospheritoneum is present. Blood is present in the right thorasic cravity. (7) Abrasion 1 x 0.4 cm. on the back of base of the right index finger. Crest prasent Gaseous distension of the intestines present.
(3.) Dr. Roshanlal, wdo prepared the post-mortem report, opined that the death of the deceased was due to shock and haemorrhage as a result of injuries No. 1, 2 and 6, which were sufficient to cause death in the ordinary course of nature. Accused Harphool, Ramkumar, Maniram and Bhagirath were arrested on 6-7-88 vide arrest Memos Ex, P/24 to Ex, P/27. A gandasi was recovered on the same day at the instance of Harphool vide Ex. P/30. Four lathies were also recovered, one each at the instance of the accused Ramkumar, Maniram, Bhagirath and Ramratan. The police recorded the statements of Rawatram and Nandram on 26-5-83 vide Ex. D/1 and Ex. D/2 respectively. The statement of Laxmi Narain was also recorded on the same day vide Ex. D/5. As per the report of the Forensic Science Laboratory, the blood-stained soil, Kachha, Payjama and Chola contained human blood.;