Farooq Hasan, J - (1.) This criminal appeal arises out of a judgment of the Sessions Judge, Bharatpur, whereby each of the appellants (Ramjilal, Hotilal & Deviram) has been convicted & sentenced as under: Briefly put, the facts may be epitomized as under: On 14/9/1987 at 3.20p.m. Sahab Singh, ASI, In charge of Out-post Police, Mathura Gate, Bharatpur recorded a statement (Parcha Beyan) Bharatpur, wherein it had been given out that during her visit to her fathers place of abode at village Raina and as soon as she arrived at there, she had seen some altercation being taken place in between her father, Chhidi (deceased), her sister, Saroj, brother-in-law, Veero (Sarojs husband), and Deviram, Ramjilal, Hoti, Dorgi & their women, in addition to maar-peet in between them, and that, seeing her father sustaining assaults, she fell down upon him by embracement, but then, Hoti gave lathi blow upon her head, besides that, he having a TDaranti also in his hand, gave its blow on her left hand, whereas, Devi gave a lathi blow on her left leg below the knee; but wife of Ramjilal gave lathi blow at the palm of her right hand. Thereupon, Puran & Karan Singh besides other village people came there and saved her and her father, and thereafter, she & her father were brought by Puran & Karan Singh to the Bharatpur hospital for their medical treatment. The said, Parcha Beyan of Smt. Hardevi was sent per messenger, Surajmal (Constable No. 845) of Police Station Kotwali (Bharatpur) to the concerned police station, i.e. Nadbai where it had been received at 3.10 p.m.on 16/9/1987 after near about 2 days of recording of the Parcha Beyan. Thereafter, upon receipt of Parch a Beyan, F.I.R. No., 186/87 was chalked out at police station Nadbai for offences punishable under Sections 147, 323, & 307, IPC, on 16/9/1987. On 17/9/1987 at 0.40 hours Chhiddi expired during mid-night. The information of death of Chhidi was given to SHO PS Kotwalivide Ex. PA by Dr. Bhopal Singh, Medical Jurist of General Hospital, Bharatpur, at 1.20 A.M. on 17/9/1987, per messenger, Ram Dayal. Upon the said information, as per the endorsement made thereupon, SLO PS Kotwali initiated proceedings under Section 174, Cr. P.C. on 17/9/1987 at 2.15 a.m. Autopsy of Chhidi was got conducted vide Ex. P.S. However, before the autopsy, and his death, Chhidi was. also got medically examined and under Ex. P.6, ten injuries were found on his person on 14/9/1987 at 1.30 p.m., and it was advised to get x-ray of skull AP and lateral view Mandible AP and lateral view and upper jaw from teeth. Site plan was prepared on 19/9/1987. Statements under Section 161, Cr. P.C. of Puran and Karan Singh were recorded by the police on 23/9/1987. U/s 302/34, I.P.C Life Imprisonment. U/s 323, I.P.C. Four months R.I.
(2.) After usual investigation and its completion, the police produced challan against the appellants & one Hariram, (who was sequined after trial). The accused were charged under Sections 302/3-1, 325/34, 323 & 341, IPC. They denied the charges and pleaded not guilty and claimed trial. Thirteen witnesses were examined by the prosecution to substantiate its charges. The accused were examined under Section 313, Cr. P.C. Ramjilal appeared in the witness box and examined himself as defence witness.
(3.) After trial, Hariram has been acquitted of the offences charged, and the present appellants have also been acquitted of the offences punishable under Sections 341, & 325/34, IPC. But, the appellants have been convicted under Section 302/34 for the death of Chhidi and under Section 323, IPC for the injuries on the persons of Smt. Hardevi & Murari, and then sentenced each of the appellants as stated in first Para of this judgment. Hence this appeal.;