SHARMA, J. - (1.) AS many as 8 accused were put up on trial before the learned Additional Sessions Judge Sambhar Lake, Jaipur Distt. in Sessions Case No. 18/94. The learned trial judge, acquitted one accused Suraj Mal but convicted and sentenced the seven appellants vide its judgment dated July 18, 1996 as under:- 1. 2. Phool Chand Moti Lal U/s. 302/149 IPc Life Imprisonment with fine of Rs. 20,000/- in default to further undergo six months SI. U/s. 148 IPC. One Year RI with fine of Rs. 2000/- in default to further undergo one month SI. U/s. 324 IPc Six months RI with fine of Rs. 2000/- in default to further undergo one month SI. U/s. 323/149 IPc Three months RI with fine of Rs. 1000 in default to further undergo 15 days SI. U/s. 341 IPc 15 days RI with fine of Rs. 500/- in default to further undergo 7 days Si 3. Nanda @ Nand Kishore U/s. 302/149 IPc Life Imprisonment with fine of Rs. 10,000/- in default to further undergo four months Si U/s. 148 IPC. One Year RI with fine of Rs. 2000/- in default to further undergo one month SI. U/s. 324 IPc Six months RI with fine of Rs. 2000/- in default to further undergo one month SI. U/s. 323/149 IPc Three months RI with fine of Rs. 1000 in default to further undergo 15 days SI. U/s. 341 IPc 15 days RI with fine of Rs. 500/- in default to further undergo 7 days Si 4. 5. 6. Sua Lal Anna Ram Nanuram U/s. 302/149 IPc Life Imprisonment with fine of Rs. 10,000/- in default to further undergo four months Si 7. Om Prakash U/s. 148 IPC. One Year RI with fine of Rs. 2000/- in default to further undergo one month SI. U/s. 324/149 IPc Six months RI with fine of Rs. 2000/- in default to further undergo one month SI. U/s. 323/149 IPc Three months RI with fine of Rs. 1000 in default to further undergo 15 days SI. U/s. 341 IPc 15 days RI with fine of Rs. 500/- in default to further undergo 7 days SI.
(2.) THE said judgment has been assailed by the appellants in the instant appeal. During the pendency of the appeal, the Superintendent Central Jail, Jaipur vide letter dated May 29, 1998 intimated that the appellant Sua Lal son of Narain died on May 24, 1998. In view of the said intimation the appeal of Sua Lal stands abated and proceedings against accused Sua Lal are ordered to be dropped. The State of Rajasthan has also preferred D. B. Cr. Appeal No. 68/97 against the impugned judgment in so far as it relates the acquittal of Suraj Mal is concerned. Kalu Ram, the father of the deceased Gyan Chand has filed Criminal Revision No. 508/1996 seeking enhancement of the sentence. The prosecution case as pictured during trial may be summarised thus- (i) Complainant Ram Chandra PW. 13 submitted a written report to the SHO Police Station Jobner on November 11, 1993 around 11. 00 a. m. with the averments that when he was going to poll his vote alongwith Gyan Chand and Ram Kishore he found Phool Chand son of Nandaram, Moti son of Nandaram, Sua Lal son of Narain, Nanu son of Bilala, Anna son of Onkar, Nanda son of Jagdish, and Om Prakash son of Balu Ram near the underbridge coming from opposite side and all of sudden Phool Chand gave knife blow over left thigh of Gyan Chand and Nanda inflicted knife blow on the left shoulder of the complainant. When they ran towards Bus Stand, they were followed by the assailants who caught hold of them near Pareek Clinic and there Phool Chand and Moti Meena continuously inflicted knife blows on the back of Gyan as a result of which he fell down but even thereafter Phool Chand did inflict knife blows on the person of Gyan Prakash. Ram Kishore when made attempt to rescue Gyan all the assailants inflicted injuries with knives and lathies on his person mercilessly. Gyan was taken to the Hospital where he was declared dead. The police registered a case under Sections 148, 302, 302/149, 323, 323/149, 341, 324, 324/149, 307, 307/149 IPC and investigation commenced. Site inspections memo were drawn. Autopsy on the dead body of Gyan was conducted. Statements of witnesses under section 161 Cr. P. C. were recorded. The appellants were arrested and at their instance weapons were recovered. After conclusion of the investigation the challan was laid. In due course the case came up for trial before the learned Additional Sessions Judge Sambhar Lake, Charges under sections 148, 302, 302/149, 323, 323/149, 341, 324, 324/149, 307, 307/149 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution examined as many as 24 witnesses and produced 44 documents in support of its case. The appellants in their statements under section 313 Cr. P. C. claimed innocence and stated that they have been falsely implicated on account of political rivalry. Five witnesses however were examined in defence by the accused. The learned trial judge on hearing final submissions convicted and sentenced the appellants as indicated hereinabove.
(3.) FROM the postmortem report Ex. P. 20, it is revealed that deceased Gyan sustained following 19 injuries and he died on account of hemorrhagic and traumatic shock due to cumulative effect of the said injuries: 1. Antemortem abrasion 6cm. x 4 cm. left palm red colour. 2. Stab wound 2. 5 cm. x. 8 cm. x muscle deep (4 cm.) 13 cm. below and lateral to left anterior superior iliac spinal (antemortem ). 3. Antemortem stab wound 2. 5 cm. x. 7 cm. x muscle deep (4 cm.) from skin) 13 cm. below injury No. 2 (Antemortem ). 4. Antemortem stab wound 2. 5 cm. x. 7 cm. x muscle deep (5cm. from skin) middle of left thigh lateral aspect. 5. Antemortem abrasion 3cm. x 5cm. left patella- red colour. 6. Antemortem abrasion 1 cm. x 1 cm. left tibial tuberosity (Red ). 7. Antemortem laceration 1 cm. x 1 cm. x SCT deep, 4 cm. below injury No. 6. 8. Antemortem laceration 2cm. x 1/2 cm. x CCT deep, 10 cm. below injury No. 7. 9. Antemortem abrasion 1 cm. x 1 cm. Rt parietal (Red colour ). 10. Antemortem laceration 2cm. x 1/2 cm. x SCT deep, Rt. tibial tuberosity. 11. Stab wound (Antemortem) 1/2 cm. x 7 cm. x ms. deep, Antero (1/2 cm. from skin lateral, aspect Right leg 6 cm. below and outward from injury No. 10. 12. Antemortem abrasion 5cm. x 3 cm. Right palm. 13. Stab wound (Antemortem) 2. 5 cm. x 7 mm. x muscle deep (5cm. from skin) on upper 1/3 of Back of left thigh. 14. Antemortem abrasion 2cmx1cm. lateral aspect upper 1/3 of lt. leg. 16. Antemortem stab wound 2. 5 cm. x 7 mm. x muscle deep (3cm. from skin) outer aspect, upper and left fore arm. Injuries 16 to 19 are described, after internal examination and external examination and are elliptical, directed left up and outwards. 16. Antemortem stab wound 2. 5 cm. x 7mm. and cutting the thorax wall through and through, cutting pleurae and then puncturing left lung upto depth of 4cm. On left back 1 cm. to left of 78 spinal. The intercostal vessels also cut. 17. Antemortem stab wound 2. 5 cm. x 7 mm. x cutting the Post thoracic wall. Intercostal vessels and plura and left lung upto depth of 3 cm. This injury is 5 cm. below and left to injury No. 16. 18. Antemortem stab wound 2 cm. x 7 mm. x cutting post thoracic wall. Intrercoastal vessels and left pluera. It is 5 cm. below and left to injury No. 17. 19. Antemortem stab wound 2. 5cm x 7 mm. & cutting post thoracic wall and Intrercoastal vessels and it. pluera. It is 7 cm. to left of injury No. 17. As per the injury report Ex. P. 27 Ram Kishore (PW. 4) sustained as many as 7 injuries thus- 1. Stab wound 2. 5 cm. x 1/2 cm. x ? cavity deep placed transversely 9 cm. lateral on it. side in same place tenting medially it. side abdomen with fresh clotted blood. 2. Stab wound 1 cm. x 1/4 cm. x ? cavity deep medial to it. ant. supra illiac spine 7 cm. below injury No. 1 with fresh clotted blood. 3. Stab wound 2 cm. x 1/2 cm. x ? muscle deep on it. hip joint 7 cm. below injury No. 2 1 cm. lateral to it with fresh clotted blood. 4. Incised wound 2 cm. x 1/2 cm x ? muscle deep placed obliquely on top of it, shoulder. 5. Incised wound 3. 5 cm. x 1cm. x ? muscle deep placed obliquely on lateral aspect of it. arm middle 1/3. 6. Stab wound 2cm. x 1/2 cm. x ? muscle deep on Rt. infra scapular region placed obliquely and vertical tenting downwards. 7. Lacerated wound 2cm. x 1/2 cm. x ? muscle deep on Rt. tibial shin middle 1/3. Vide injury report Ex. P. 19 Ram Chandra (PW. 13) sustained following three injuries: 1. Incised wound 2 cm. x 1/2 cm. x SCT deep left scapular area. 2. Incised wound 2 cm. x 1/2 cm. x SCT deep 4 cm. medial to injury No. 1. 3. Laceration 1/2 cm. x 1/2 cm. x SCT deep Right lip. ;