BANSAL, J. - (1.) THE instant appeal stems from the judgment dated June 29, 1996 passed by the learned Additional Sessions Judge, Bayana (Distt. Bharatpur) in Session Case No. 85/94, whereby he convicted and sentenced the appellants as under:- 1. Bane Singh, Ishwariya, Natholi and Smt. Kistoori u/s. 302 IPc Life imprisonment with a fine of Rs. 500/-, in default of payment of fine to further undergo 6 months R. I. u/s. 148 IPc One year R. I. 2. Smt. Triveni & Smt. Ganga u/s. 302/149 IPc Life imprisonment with a fine of Rs. 500/-, in default of payment of fine to further undergo 6 months R. I. u/s. 148 IPc One year R. I.
(2.) BOTH the substantive sentences were ordered to run concurrently. Briefly stated the prosecution case in that PW-1 Lalchand S/o Gangi, by caste-Dhakar, R/o Dehgaon, Police Station, Bayana submitted a written report Ex. P1 to S. H. O. , P. S. , Bayana on September 14, 1994 at 2:30 p. m. with the averments that today at about 12:00 noon, his son Ramesh was present in his field of Bajra (millet) crop known as `kuiyawala'. Natholi, Baniya, Ishwariya, Smt. Kistoori W/o Gangi, Smt. Triveni W/o Natholi and Smt. Ganga W/o Baniya were demolishing Dangar (water course) lying in between his field and that of the accused. There was already a dispute in regard to the water course. His wife Hardei and his daughter-in-law Ratandei W/o Ramesh had brought the food for Ramesh from this house and started cutting grass in their field after Ramesh took his meals. Just before the incident, Ramesh was sitting under the Babool tree. When he (Ramesh) asked the accused not to demolish the Dangar from the side of his field, Baniya became angry and told his brothers and ladies of his family present on the field, to teach a lesson to Ramesh. Thereafter they started giving beating to Ramesh. Baniya, Ishwariya were having `pharsa', Natholi was having `spade'. Smt. Kistoori was having `daranti' and Smt. Triveni and Ganga were having `lathies'. They inflicted injuries on the person of Ramesh with their respective weapons. Smt. Hardei 7 Smt. Ratandei made hue and cry and on hearing their cries, Shiv Charan and Prabhulal came at the spot and made an attempt to rescue Ramesh. Ramswaroop, who was present at the place of occurrence also asked the accused not to inflict injuries to Ramesh. Ramesh died on the spot instantaneously and his dead body in lying there. Ramswaroop came to his house and informed him about the incident, whereupon he went to the place of occurrence. On the basis of the report (Ex. P1), a formal F. I. R. (Ex. P2) was written and the SHO, P. S. , Bayana registered a case u/ss. 147, 148, 302/149 IPC and investigation commenced. In the course of investigation, the Investigating Officer PW. 12 Laxmi Narain reached at the place of occurrence and prepared Site Plan Ex. P3. Blood smeared soil and soil not smeared with blood were seized and sealed vide Ex. P4. Inquest Report of the dead body of Ramesh, Ex. P. 5 was also prepared. Autopsy on the dead body of Ramesh was conducted on September 14, 1994 at 6:00 p. m. by PW-8 Dr. Karan Singh, Medical Jurist, UPHC, Bayana and he prepared post-mortem report Ex. P. 12. The Investigating Officer took a `baniyan' and a `safi' belonging to the deceased in his possession and sealed them vide Ex. P7. Statements of the witnesses were recorded under Section 161 Cr. P. C. The appellants were arrested and on their information and at their instance, alleged weapons of offence were recovered. On completion of the investigation, the chargesheet was laid in the Court of Additional Chief Judicial Magistrate, Bayana, who committed the case to the Court of Additional Sessions Judge, Bayana. Charges u/ss. 148 & 302 were framed against the appellants Natholi, Baniya @ Bane Singh, Ishwariya and Kistoori. Charges u/ss. 148 & 302/149 were framed against Smt. Triveni and Smt. Ganga. All the accused denied the charges and claimed to be tried. The prosecution examined as many as 12 witnesses and produced 33 documents in its evidence. In their statements recorded u/s. 313 Cr. P. C. , the appellants claimed innocence and stated that because of enmity, prosecution witnesses have deposed against them. In defence one witness Jai Prakash DW-1 was examined. Learned trial Judge on hearing the final submissions, convicted and sentenced the accused-appellants as indicated here- in-above. We have heard learned counsel for the appellants and learned Public Prosecutor for the State. With their assistance, we have carefully scanned and scrutinized the material on record.
(3.) PW-8 Dr. Karan Singh stated in his statement that on September 14, 1994, he was Medical Jurist at UPHC, Bayana and on Police request, he conducted the post-mortem examination on the dead body of Ramesh and found the following external and internal injuries :- External Injuries (1) Incised wound 10cm. x 1/2 cm. inter parietal region. (2) Incised wound 4cm. x 1 cm. on left parietal region. (3) Incised wound 11cm. x 3cm. camputation of Lobule from chain to below ear lobule. (4) Incised wound 6/1/2cm x 2 cm muscle deep on left side of Trachea. (5) Incised wound 4cm. x 1/x cm. muscle deep below thyroid gland. (6) Incised wound 5cm. x 1/1/2cm. muscle deep involvement of great vessels. (7) Incised wound 5cm. x 2 cm. 1" above the left clavicle. (8) Incised wound 12cm. x 3/1/2 cm. on left wrist joint. (9) Incised wound 9cm. x 2cm. on right buttock. (10) Incised wound 12cm. x 2cm. on left lumber region above the iliac crest. (11) Incised wound 6cm. x 2cm. on left shoulder joint. (12) Incised wound 3cm. x 1/2 cm. on left knee joint. (13) Abrasion 12cm. x 1/2 cm. on left parietal region. (14) Contusion with swelling 3 in number size varied from 3cm. to 2cm. on right scapular region. (15) Contusion 3cm. x 2cm. left shoulder joint. (16) Contusion 5cm. x 2cm. below the injury No. 15. Internal Injuries (1) Left neck vein & artery involved cut causing profuse bleeding. Dr. Karan Singh further stated that in his opinion the cause of death was sudden excessive loss of blood from the open wound leading to syncope. All the injuries were ante-mortem in nature. The death occurred within 24 hours. He prepared the post-mortem report Ex. P. 12. There is no dispute that deceased Ramesh met with the homicidal death and this fact is amply established by the statement of Dr. Karan Singh. The learned counsel for the appellants also did not challenge the truthfulness of Dr. Karan Singh (PW-8 ). ;