- (1.) THIS appeal under Section 374 Cr. P. C. is directed by the accused appellants Dev Karan S/o Ram Narain Gujar, Pappu S/o Ram narain Gujar, Hazari Lal S/o Prabhu Lal Gujar, Sheoji S/o Prabhu Lal Gujar and Prabhu Lal S/o Mohanji Gujar against the judgment and order of Scissions Judge, Jhalawar in Sessions Case No. 263/1994. Under this judgment and order the learned Sessions Judge, Jhalawar had convicted the accused appellants for commission of the offence punishable u/sec. 302 r/w 149 IPC and sentenced them to undergo life imprisonment. For the commission of offence punishable u/sec. 148 IPC they have been convicted and sentenced to undergo one year rigorous imprisonment. For the offence punishable u/sec. 323 IPC they have also been convicted and sentenced to undergo six months rigorous imprisonment. All the sentenced are ordered to run concurrently.
(2.) WE find from the record of the appeal that except the accused appellants Dev Karan and Hazari other accused have been enlarged on bail and learned counsel for the parties are in agreement that these accused appellants are on bail. Pw-5 Ram Charan S/o Gopal, by caste Gujar R/o Maloni submitted written report Ex. P-4 at Police Station Sarola Kalan District Jhalawar. On this written report of Ram Charan (Ex. P-4), F. I. R. (Ex. P-19) was chalked out and a criminal case No. 76/94 was registered for the offence u/sec. 447, 147, 149, 427 and 393 IPC against the accused appellants. The prosecution case is that on 29. 7. 1994 Ram Charan PW-5 at about 5. 00 p. m. was at his house, he saw that in their Muwalwale Soyabin field buffaloes are grazing. He went to the field where he noticed that these buffaloes are of Dev Karan son of Ram Narain and Hazari Lal S/o Prabhu Lal Gujar r/o Maloni. He saw that Dev Karan S/o Ram Narain, Hazari S/o Prabhu Lal and Prabhu Lal are sitting near to the filed on the `parat' land. When Ram Charan (PW-5) started to drag the buffaloes out of field, Dev Karan and Hazari Lal started abusing him why he is dragging the buffaloes, land is not of your father. Ram Charan PW-5 has told why they are permitting the grazing of their Soyabin by the buffaloes. On this Dev Karan inflicted Lathi blow on the head of Ram Charan. hazari Lal has inflicted lathi blow on his hand as a result of which he fell down and started crying. From the side of the village his brother Om Prakash was coming. He rushed to him to save him. Dev Karan, Hazari Lal, Pappu, Sheoji and Prabhu Lal have started beating Om Prakash also by lathis. Both brothers Ram Charan and Om Prakash cried on which their brother Radha Kishan, father Gopal and Smt. Dhan Kanwar have rushed to their rescue. The accused have started beating them also by lathis. From the village Balram and Ram Charan Gujar have come to their rescue. Radha Kishan sustained serious head injuries, Balram and Ram Charan drifted him and they carried him to hospital at Sarola. In Parcha Bayan (Ex. P-4) it is stated that Dev Karan and Hazari lal and the complainants have old enmity and thus the accused persons have beaten them. In Parcha Bayan (Ex. P-4) the injuries received by the complainants were mentioned. On this Parcha Bayan (Ex. P-4), First Information Report (Ex. P-19) has been chalked out on the same day at 11. 45 P. M. A case was registered for the offences u/sec. 457, 147, 149, 427 and 323 IPC against the accused appellants. Radha Kishan died and accordingly Section 302 IPC was added.
(3.) POST-mortem of the body of deceased Radha kishan was conducted by Dr. G. S. Chauhan PW-4, Medical Jurist, SRG Hospital, Jhalawar. POST mortem report is also marked as Ex. P-4. As per this report the cause of death is head injury due to depressed fracture of left parietal bone. The injuries which were found on the body of the deceased are:- Injuries- natural; exact position and measurements including direction especially in incised wounds; 1. Stithced would 1-1/4x long stitches removed lacerated would bone deep. Over left parietal part of head. 2. Stitched would 1-1/2" x long stitches removed lacerated bone deep over Rt. parietal part of head. 3.Bruise (Bluish black) 2-1/2" x 1 post lat. aspect of left arm. 4. Abrasion - 1/4" x 1/8" ant. aspect of (Dark red) Rt. ankle. Pw-4 Dr. G. S. Chauhan, in his statements, has given out details of these injuries. He stated that the skull of deceased on frontal part thereof and both the parietal parts of right and left haemotoma was there. There was a fracture of left parietal bone which was depressed. he has opined that the cause of death of the deceased was due to injuries which were there on the left of the head depressed fracture of the parietal bone. He further stated that the injury No. 1 in ordinary course was sufficient to cause death. In the cross examination the doctor admitted that the injury No. 1 may be caused due to fall from height or roof. So far injuries Nos. 2, 3 and 4 are concerned, it is stated that these are simple and in ordinary course are not sufficient to cause death. After investigation of the case challan was submitted by the police in the Court. Learned Magistrate has committed the case to the Sessions Court vide order dated 16. 9. 1994 for the offences U/sec. 147, 148, 323 and 302 IPC. ;