KANTA BHATNAGAR, J. - (1.) THIS appeal is directed against the judgment passed by the Sessions Judge, Banswara dated April 6, 1977 by which the appellants were convicted for the offences under Sections 147 and 325/149 of the Indian Penal Code and sentenced to six months R.I. each on the first count and five year R.I. each on the second count with an order that the sentences awarded on two counts shall run concurrently.
(2.) BRIEFLY stated, the facts of the case giving rise to this appeal are as under: About a year prior to the murder of Natha, when he had gone to have a watch on his field, appellants Tejiya Laleng and Kamji gave a beating to him and snatched his ornaments. Natha instituted a case against them which was pending in the Court of Munsif and Judicial Magistrate, Kushalgarth. Thereafter, a few days prior to the present incident Dalla had given a beating to Natha. Natha went to Kalinjara to lodge the report. When he was returning from Kalinjara, Poonja (PW 4) met him in the way near the precincts of 'Dhimbri' and 'Nal' at about 8 00 p.m. When both of them sad reached near the field of Nawla and Haloo, the four appellants along with one Rajia came out of the bushes. Poonja wished them. The accused hurled abuses and attacked him. Natha began to run away but the miscreants inflicted lathi blows on his leg and he sat down there. Poonja (PW.4) sustained injuries on the leg and when he asked the assailants as to why they were beating him, they asked him to go direct to his house and warned him of dire consequences in case he would tell about it to any body. Poonja went away to his house. He had sustained injuries on his leg and back. According to the witness, Roopa and Kamji had axes with him and Tejiya, Rajia and Laleng were having lathis with them. On hearing the cries of Natha his father Dalji (PW.1), his brother Khatu (PW.2) and his two wives Smt. Kanwari (PW 3) and Smt. Sukhi and his son Lakhma rushed to the site where Natha was lying injured. He was conscious at the time. He told his family members about the four appellants and one Rajia giving a beating to him. The appellants had left the place by that time. Dharji, Nagi, Thawra and Roopji were called by Khatu (PW 2) at the site. Natha succumbed to the injuries sustained by him. Poonja went to the Police Station Kalinjara and lodged an oral report which Head Constable Krishana Kant reduced into writing and is Ex. P.7. The Head Constable informed the S.H.O. Nissar Mohd. (PW. 9) who had gone to Banswara for some official work. The S.H.O. went to the police station and proceeded for village 'Nal' for investigation. He prepared the inquest memo Ex. P.5 and site plan Ex. P.6. The dead body was sent for postmortem examination to the Bagidora. Dr. Z.N. Ansari (PW.6) Medical Officer, Bagidora conducted the autopsy over the the dead body of Natha. The Doctor noted the following external injuries on the dead body of Natha: (1) Minor contused wound and tearing of the lobule of the left -ear -caused by snatching of something worn in the left ear. (2) One contused wound l'x1/2' over the rt. cheek two fingers below rt. ear. (3) Constusrd and puncutured wound of 1/2' diameter over upper lip at the rt. corner puncturing the upper lip. (4) Contused and punctured wound of 1' diamater over the lower lip rt. corner puncturing the lower lip with fracture of the mandible (lower jaw). (5) Contusion 3/4' x1/2' over the neck front. (6) Swelling ever the whole of the neck posterior side. (7) Contusion and swelling over back of 3' diameter rt. side. (8) Contusion 1' x 1' over the back -left scapular area.
(3.) ON dissection of the dead body the Doctor observed as under: Cranium and Spinal Cords: 7th Cervical vertebrae was found fractured, Membranes Brain and Special Cord were found congested. Therax: 9th and 10th ribs were found fractured. Heart was empty. Abdomen: Mandibular bone was fractured in the middle. The stomach was empty and contained gases. Small intestines contained digested creamy material and gases. Large intestines contained stool and gases. Bladder was found empty. The post mortem examination report is Ex. P.3. In the opinion of the Doctor the cause of death was 'syncope' (Circulatory failure) caused shock consequent to external injuries noted above. The duration of death was 8 to 10 hours after the last meal and 40 to 48 hours before the postmortem examination. The fracture of the 7th Cervical Vertebrae was individually sufficient in the ordinary course of nature to cause death. Other injuries individually or collectively were not sufficient to cause death. External injury No. 6 is the corresponding injury of the fracture of the cervical vertebrae. This injury can be caused by a lathi. On October 6, 1976 the same Doctor examined Poonja and found following injuries on his person. All the injuries were simple in nature and caused by hard blunt object. The duration of the injuries was 48 to 60 hours.;