- (1.) AS many as 12 accused were put on trial before the learned Additional Sessions Judge No. 3, Kota,in Sessions Case No. 72/94. The learned trial Judge acquitted accused Ram Gopal, Mangilal, Mukutbihari, Mahendra, Badrilal, Girraj Prasad, Chhitarlal and Chandalal. Accused Surendra absconded during trial. Accused Radhey Shyam, Om Prakash and Babulal were convicted and sentenced by the learned Judge vide its judgment dated Judge 12,1997 as under:- 1. Radhey Shyam u/s 147 IPc Six Months R. I. with a fine of Rs. 500/-, in default to further undergo two months S. I. u/s 148 IPc One year R. I. with a fine of Rs. 500/-, in default to further undergo three months S. I. u/s 302 IPc Life Imprisonment with a fine of Rs. 1,000/-, in default to further undergo two years S. I. 2. Om Prakash & Babulal u/s 147 IPc Six months R. I. with a fine of Rs. 500/-, in default to further undergo two months S. I. u/s 148 IPc One year R. I. with a fine of Rs. 500/-, in default to further undergo three months S. I. u/s 302/149 IPc Life Imprisonment with a fine of Rs. 1,000/-, in default to further undergo two years S. I.
(2.) ALL the substantive sentences were ordered to run concurrently. The said judgment has been assailed by the appellants in the instant appeal. Briefly stated the prosecution case is that PW-4 Mahaveer Prasad S/o Madholal by caste Meena, R/o Lohawad, P. S. Itawa, submitted a written report Ex. P5a to SHO, Police Station, Itawa, on November 15, 1993 at 5:00 p. m. with the averments that today at about 4:00 p. m. he alongwith his brother Sahablal was sitting in the market of Lohawad. Accused Radhey Shyam S/o Prabhulal Meena, Prakash S/o Prabhulal, Mahendra S/o Kalyan, Chandalal, Surendra, Babulal S/o Prabhulal, Girraj S/o Chapanlal, Mukut S/o Chandalal, Ramgopal S/o Chandalal, Chhitar S/o Chandalal and Mangilal S/o Morpal along with 20 persons came in a Tractor-troli of Badrilal. They were armed with Sword, Gandasi, Dhariya and Lathies. Radhey Shyam was having sword and Prakash was having Lathi. They attacked on him and Sahablal, Radhey Shyam inflicted an injury by sword on the head of Sahablal. Prakash gave Lathi blow on his person and the person of Sahablal. He (Mahaveer Prasad) sustained four injuries. Accused Radhey Shyam inflicted another injury on the waist of Sahablal. It was also alleged in the report that on the said day at about 2:00 p. m. , Surendra who was drunk, came in village Lohawad and abused him. Thereafter, Surendra went to village Devkhedali and brought other persons in a Tractor. Birbal, Anandilal, Om Prakash and Munna had seen the incident and saved them. On the basis of the report Ex. P5a, the SHO, P. S. , Itawa, registered a case under Sections 307, 147, 148 and 149 IPC and investigation commenced. Both Mahaveer and Sahablal were got medically examined. The Medical Officer Incharge. CHC, Itawa, found four injuries on the person of Sahablal and three injuries on the person of Mahaveer Prasad. Sahablal was taken to Kota hospital for further treatment, but he was declared dead. Thereafter the police converted the case to on u/sec. 302 IPC and proceeded further with the investigation. The Investigating Officer PW-19 Ram Narayan reached at the spot and prepared site plan Ex. P4. Inquest report of the dead body of Sahablal Ex. P1 was also prepared. Blood smeared soil was seized and sealed vide Ex. P5. Autopsy on the dead body of Sahablal was conducted by PW-16. Dr. K. L. Meena, Medical Officer Incharge, CHC, Itawa, on November 16, 1993 at 8:00 a. m. and prepared post- mortem report Ex-P24. The Investigating Officer seized blood stained clothes of the deceased and prepared Ex. P2. The appellant Radhey Shyam was arrested vide Ex. P26 and on his information u/sec. 27 of the Evidence Act and on his information u/sec. 27 of the Evidence Act and at his instance a sword was recovered from his house vide recovery memo Ex. P8. On the information and at the instance of other accused persons Gandasi, Lathies and Kuntia were also recovered. Statements of witnesses u/sec. 161 Cr. P. C. were recorded. On Completion of the investigation the Chargesheet was laid in the Court. In due course, the case came up for trial before the Additional Sessions Judge No. 3, Kota, Charges under Sections 147, 148, 302, in alternate 302/149 were framed against Radhey Shyam and Surendra. Charges under Sections 147, 148, 323 and 302/149 IPC were framed against the remaining accused. All the accused denied the charges and claimed trial. The prosecution examined as many as 20 witnesses to prove its case. As already stated, accused Surendra absconded during trial. The accused in their statements under Sec. 313 Cr. P. C. , claimed innocence and stated that they were falsely implicated because of enemity. Accused-Radhey Shyam further stated that on November 15, 1993, at about 2:00p. m. , Anandilal, Om Prakash, Mahaveer and Birbal had beaten Surendra and his mother and snatched Rs. 1,000/- and a gold chain. He went to the Police Station for lodging report at about 4:00 p. m. As the SHO was not available, he was made to sit in the police station. At about 7:00 p. m. , he was arrested and detained in police look-up but formal arrest was shown on November 18, 1993. Two witnesses were examined in defence by the accused. The learned trial Judge, on hearing final submissions, convicted and sentenced the accused- appellant Radhey Shyam, Babulal and Om Prakash, acquitted 8 accused as indicated hereinabove.
(3.) WE have heard the learned counsel for the appellants and the learned Public Prosecutor for the State. With their assistance we have carefully scanned and scrutinized the material on record. Pw. 16-Dr. K. L. Meena stated in his statement, that he was Officer Incharge, CHC, Itawa. On November 15, 1993 at 5:30 P. M. he examined Sahablal S/o Modulal, aged 30 years by caste Meena R/o. Lohawad on police request and found the following injuries on his person:- (1) Incised wound 4/1/2" x 1/1/2" x 2" on vertex of head, slightly right side of middle line. (2) Incised wound 3/1/2" x 1" x 1/1/2" on left parietal region. (3) Incised wound 4" x 1/1/2" x 2/1/2" on back, 2" away to lumber vertibra, on right side at upper border of pelvic bone. (4) Contusion with diffuse swelling 3" x 2" on left elbow joint. Dr. Meena further stated that injuries No. 1 to 3 were caused by sharp weapon and injury No. 4 by blunt weapon. Duration of injuries was within six hours. He prepared injury report ex. P22. ;