- (1.) THIS appeal is directed against the judgment dated May 16, 1988 passed by the Sessions Judge, Churu by which appellant Surjan Singh, Man Singh, Umed Singh and Ashu Ram were convicted under section 302/34 I. P. C. and the first three were sentenced to imprisonment for life and a fine of Rs. 250/- each, in default of payment of fine to further undergo six months R. I. Appellant Ashu Ram was sentenced to imprisonment for life and a fine of Rs. 100/-, in default of payment of fine to undergo six months R. I.
(2.) BRIEFLY stated the prosecution case is that four days prior to the incident of giving a beating to Ganesh Singh in the night of January 21, 1986 Bhanwar Singh, brother of appellant Man Singh entered the house of Mohan Singh, brother of deceased Ganesh Singh and his hiding in the house was detected by Umed Kanwar Wife of Mohan Singh. She raised a cry at which Raghuvir Singh (P. W. 3) son of deceased Ganesh Singh went there and gave a beating to Bhanwar Singh which caused annoyance to the family members of Bhanwar Singh. That, on January 23, 1986 at about 9. 00 P. M. Ganesh Singh went to the house of Phoola Ram (P. W. 1) and asked him to work with him as labourer. Phoola Ram expressed his inability as he was already employed as labourer by Abbas. At that time Magha Ram (P. W. 2) brother of Phoola Ram was also present and the two brother were warming themselves as the 'dhuni' (furnace ). Ganesh Singh went out when he had gone to a distance of 6-7 paundwas, he was surrounded by the appellants and three others viz. Bhadar Singh, Kishan Singh and Mohan. The assailants gave a beating with 'barchhi', 'lathis' and 'jeis'. On hearing the cry of Ganesh Singh, Phoola Ram and Magha Ram came out of the house and saw the assailants giving a beating to Ganesh Singh. Ganesh Singh fell down. Phoola Ram went to the house of Ganesh Singh and informed about the incident. Pappu, son of Ganesh Singh went to the site. Raghuvir Singh, another son of Ganesh Singh also reached there. Ganesh Singh was first taken to his house in a camel cart and then to Churu Hospital in a jeep by Raghuvir Singh, Kalyan Singh and Himmat Singh. Phoola Ram also accompanied them. On receiving information about Ganesh Singh being admitted in hospital in injured condition, Sadhu Singh (P. W. 13), Station House Officer, Police Station, Churu went to the hospital in the same night and found Ganesh Singh unconscious. He could not therefore record his statement. The S. H. O. recorded the statement of Phoola Ram and on the basis of that 'parchabayan' Ex. P/1/f. I. R. Later on Ex. P/2 was chalked out. Dr. Chiranjilal (P. W. 6), Medical Jurist, Bhartiya Hospital, Churu examined the injuries of Ganesh Singh and prepared the injury report Ex. P/13. The Doctor noted following injuries on his person : - 1. Incised wound present on left parietal region of 10 cm x 1 cm x bone deep. 2. Incised wound present on left parietal region of 2 cm x 1 cm x bone deep. 3. Incised wound of 6 cm x 1 cm x bone deep on left parietal region. 4. Incised wound of 4 em x 1 em x bone deep on left temporal region. 5. A lacerated wound of 7 em x 1 em x bone deep present on right parietal region. 6. A lacerated wound of 5 cm x 1 cm x bone deep present on right parietal region. 7. A incised wound present on lateral aspect of left thigh of 3 x 0. 4 x 1 cm. 8. There are four bruises on lateral aspect of the chest left side measuring 8-10 cm. on length and each 2. 5 cm. in breadth with bone crepitus present. 9. A lacerated wound present on dorsal aspect of right band of 4 cm x - cm. x 0. 3 cm. 10. A lacerated wound present on lateral malleolus on left leg of size 1 cm. x 1 cm x 0. 3. cm. According to the Doctor, Injuries No. 1,2,3,4, and 7 could be caused by sharp edged weapon. He advised x-ray. Ganesh Singh succumbed to the injuries sustained by him on January 24,1986. Dr. Vijay Swaroop Bhargava (P. W. 5), Medical Jurist, conducted the autopsy over the dead body of Ganesh Singh. The Doctor noted following injuries on his person : - 1. Incised wound 4 cm x 1 cm bone deep over left temporal region of scalp. 2. Incised wound 9 cm x 1 cm x bone deep over parietal region of scalp. 3. Incised wound 7. 5 x 0. 8 cm. x bone deep over parietal region of scalp. 4. Incised wound 6 cm x 1 cm x bone deep left parietal region of scalp posteriorly. 5. Lacerated wound 7 cm x 1 cm x bone deep over right parietal region of scalp anteriorly. 6. Incised wound 5 cm x 1 cm bone deep over right parietal region of scalp posteriorly. 7. Incised wound 3 cm x 0. 5 cm x 1 cm lateral aspect of mid of left thigh. 8. Lacerated wound 4 cm x 0. 5 cm x 0. 3 cm over dorsal aspect of right hand. 9. Lacerated wound 1 cm x 1 cm x 0. 3 cm lateral malleolus left leg. 10. Bruises on lateral aspect of the left side chest in lower part measuring 2. 5 cm in width each and 8-10 cm in length. Bone crepitus present. The postmortem examination report is Ex. P/12. In the opinion of the Doctor, the cause of death was shock and intre carnal haemorrhage in the form of subdural haemorrhage due to head injur)' and injuries No. 1 to 6 were sufficient in the ordinary course of nature to cause death. Village Melusar, where the incident had taken place, being within the jurisdiction of Police Station Sardarsahar, 'parcha bayan' (Ex. P/1) was sent there and Jogendra Singh (P. W. 14),station House Officer, Sardarsahar on the basis of that parcha bayan, chalked the formal F. I. R. (Ex. P/2) and registered the case. S. H. O. Jogendra Singh went to the site and inspected the site and conducted investigation. He prepared the necessary memos. The blood stained clothes of the deceased were taken in possession. The blood-soaked earth from the place of the 'jhompra' where deceased is said to have been brought after his sustaining the injury was taken. The S. H. O. arrested appellant Man Singh on February 1, 1986 vide memo Ex. P/23, Umed Singh vide memo Ex. P/24 and Surjan Singh vide memo Ex. P/25. Ashu Ram appellant was arrested on January 7,1986 vide memo Ex. P/15 by Shanker Lal (P. W. 12), Deputy Superintendent of Police, Churu.
(3.) ON February 14, 1986 in pursuance of the information furnished by Man Singh appellant (Ex. P/16), one 'barchhi' was recovered vide memo Ex. P/6. ON the same day in pursuance of the information (Ex. P/17) furnished by appellant Surjan Singh one 'bamboo stick' was recovered vide memo Ex. P/10. ON the same day at the information (Ex. P/18) furnished by Umed Singh, one 'lathi' was recovered vide memo Ex. P/16. The articles were sent for chemical examination. According to the Chemical Examiner's report, the blood stained clothes of the deceased, blood-soaked earth taken from outside the house of Phoola Ram and the 'barchhi' were stained with human-blood. Upon completion of necessary investigation, charge sheet against the four appellants was filed in the Court of Chief Judicial Magistrate, Churu. The learned Magistrate finding it a case exclusively triable by the Court of Sessions, committed the case to the Court of Sessions Judge, Churu. The learned Sessions Judge, charge sheeted the appellants under section 302/34 I. P. C. and recorded their pleas. All of them denied the indictment and claimed to be tried. In order to substantiate its case, prosecution examined sixteen witnesses in all. In their statements under section 313 of the Code of Criminal Procedure, the appellants denied the allegations levelled against them. No defence witness was examined. The learned Sessions Judge placed reliance on the prosecution testimony and passed the judgment under appeal. It is in grievance of their conviction and sentence that the appellants have approached this Court through this appeal. We heard Mr. M. M. Singhvi, learned counsel for the appellants Surjan Singh and Umed Singh and Mr. M. L. Garg, learned counsel for the appellants Man Singh and Ashu Ram and Mr. S. M. Singhvi, learned Public Prosecutor for the State and perused the record of the case. ;