KANTA BHATNAGAR, J. - (1.) THIS appeal is directed against the Judgment dated 1.8.1986 passed by the learned Sessions Judge, Bikaner by which appellant Kishan Singh was held guilty for the charge under Section 302 read with Section 34 I.P.C. and sentenced to imprisonment for life and a fine of Rs. 200/ - in default to undergo two months Regorous Imprisonment and sentenced to six months Regorous Imprisonment. Appellant Hem Singh was convicted under Section 302 I.P.C. and sentenced to imprisonment for life and a fine of Rs. 200/ -; in default to undergo two months Regorous Improsonment. He was also convicted under Section 324/34 I.P.C. and sentenced to six months Regorous Imprisonment. Appellant Chhagan Singh was convicted under Section 302 read with Section 34 I.P.C. and sentenced to imprisonment for life; and a fine of Rs. 200/ -, in default to undergo two months Regorous Imprisonment. He was also convicted under Section 324/34 I.P.C. and sentenced to six months Regorous Imprisonment.
(2.) BRIEFLY stated the prosecution story leading to the trial of the appellants and their conviction and sentence as stated above, is that on 19th Oct. 1984 at about 9.00 P.M. Kishan Singh abused Mastan Singh deceased at the house of his brother. Hem Singh and Chhagan Singh were standing near the house of Mastan Singh. At that time Roopa Ram (P.W. 4), Udai Singh (P.W. 6) and Kami Singh (Co -accused since acquitted by the trial court) were also standing at the house of Mastan Singh. After some time at about 10.30 P.M. Kami Singh went to the house, of Mastan Singh an asked him to accompany him, so that he may get the matter compromised. About 15 minutes thereafter from towards the house of Bhura Ram cry 'Mare -Re -Mare -Re' was heard. Inder Singh rushed out followed by his two sisters Mena (P.W. 1) and Sampat (P.W. 7), Nar Singh (P.W. 8) relations of Mastan Singh was also their in the house. He also went towards the direction from of the cry. All these four witnesses found the three appellants and one Basti Ram surrouding Mastan Singh and giving him a beating. The prosecution allegation is that at the time Kishan Singh was armed with a 'Barchhi', Hem Singh with a 'Knife' (Dagger) and Chhagan Singh with a 'Lathi'. All the four appellants inflicted belows to the deceased with the weapons they had with them. Meanwhile, hearing the noise in the lane Roopa Ram and Udai Singh also reached there. On seeing them, the miscreants took to heels. The family members of the injured Mastan Singh brought him in the 'Bakhal' of their house. He was thereafter, taken to P.B.M. Hospital, Bikaner where he was declared died. Inder Singh, with his brother Bhanwar Singh, went to the Police Station Gangashahar and lodged the report Ex. P -1 before P.W. 16 Pritam Singh, Station House Officer at 1.00 in the intervening night on 19/20th Oct., 1984. The Station House Officer chalked the formal information and went to the site. He conducted the necessary investigation at the site and prepared the site inspection memo and site plan (Ex. P -2). On 20th Oct., 1984 Dr. R.K. Gehlot (P.W. 15) conducted the post -mortem examination of the dead body of Mastan Singh and prepared the report Ex. P -27. The Doctor noted following injuries on the dead body: (i) Incised wound 7.5 cm x 6.3 cm x bone deep on Rt. Parie to occipital region of scalp placed obliquely nearing to antro posterior placed about 5.00 above and behind the ear. (ii) Incised wound 7.50 cm. x 1.0 x bone deep on Rt. occipital region of scalp obliquely placed about 6.00 posterior and lateral to injury No. 1. n (iii) Incised wound 3.2 cm x 1.3 x deep on the anterior aspect of Rt. side chest at its lower 1/3rd placed obliquely about 10.5 cm lateral to midline in conjoint cartilage region. (iv) Abrasion 1.0 c x 0.3 c x on Rt. Posterior aspect of Rt. forearm at its proximal 1/3rd. (v) Incised wound 1.3 c x 6.5 cm. x muscle deep on anterior aspect of left forearm at its distal 1/3rd. (vi) Cut Abrasion 2.0 x 0.1 cm on Rt. hand plamer aspect hypothenar eminence region placed obliquely. (vii) Abrasion 2.0 c x 0.3 c on anterior aspect of Rt. knee at its lower 1/2nd. (viii) Abrasion 12.0 c x 0.3 c on the back of the chest across the midline in the junction region of scapular and intra scapular region. In the opinion of the doctor all the injuries were antemorrem in nature. Injuries No. 1, 2, 3, 5 and 7 were caused by sharp weapon and injuries No. 4, 6 and 8 by blunt object. The cause of death according to the doctor was shock and haemorrhage as a result of injury to River (injury No. 3) which in itself was sufficient to cause death in the ordinary course of nature. ON 4.11.1984 Station House Officer, Police Station arrested Kami Singh vide memo Ex. P -31. On 5.11.1984, Kishan Singh vide memo P -32 and Chhagan Singh vide memo P -33 on 27.10.1984. Hem Singh was arrested vide memo P -11. During the course of investigation in pursuance of the information furnished by Kishan Singh, the Station House Officer recovered 'Barchhi' and blood stained trousers from his house. In pursuance of the information furnished by Hem Singh, the Station House Officer recovered one 'Knife' from his house. In pursuance of the information furnished by Chhagan Singh one 'Lathi' was recovered from his house and in pursuance of the information furnished by Basti Ram one 'Dagger' was recovered from his house. The cloths stained with blood and the articles recovered at the instance of the accused persons were sent for chemical examination. The report of the Chemical Examiner (Serologist) is Ex. P -38. All the articles sent for examination were found to be stained with human blood. The Group of blood was 'B' group.
(3.) UPON completion of all the necessary investigation, charge -sheets against the three appellants and co -accused Kami Singh and Basti Ram were filed in the Court of Munsif and Judicial Magistrate No. 1, Bikaner. Who committed the case to the Court of Sessions Judge, Bikaner. The learned Judge chargesheeted the appellants under Section 302 read with Section 34, 302 read with 120B and 324 I.P.C. and recorded their plea. They denied the charges and claimed to be tried. Prosecution examined 17 witnesses in all in support of its case. All the accused -appellants in their statements under Section 313 Cr.P.C. denied the allegations levelled against them. The defence plea was that Mastan Singh had entered the house of Bhura Ram and tried to molest his wife and, therefore, Bhura Ram and his family ' members gave a beating to him which resulted into the death. No defence witness was examined. The learned trial Judge did not hold the prosecution case established against Kami Singh and Basti Ram and acquitted them of the charges. He however held Kishan Singh, Hem Singh and Chhagan Singh guilty of certain charges and passed the jugment of conviction as stated earlier. In grievance of their conviction and sentances the appellants have approached this Court in appeal. We heard Mr. M.M. Singhavi, learned Counsel for the petitioner and Mr. S.M. Singhavi, learned Public Prosecutor assisted by A.K. Singh learned Counsel for the complainant.;