- (1.) HON'ble K. C. SHARMA, J.-These two criminal appeals, one by appellant Shyam Bihari @ Deena and another by appellants Babulal and others arise out of the judgment and order dated 2. 2. 99 passed by the Additional Sessions Judge, Chhabra, district Baran, thereby convicting and sentencing the accused appellants in the following manner: Appellants Shyam Bihari @ Deena : + U/s. 302 IPC: to undergo life imprisonment and to pay a fine of Rs. 1000/ -. In default of payment of fine to further undergo six months simple imprisonment. U/s. 324 IPC: to undergo simple imprisonment for one year and to pay a fine of Rs. 500/ -. In default of payment of fine to further undergo three months' imprisonment. Appellant Rajendra + U/s. 324 IPC: to undergo simple imprisonment for one year and to pay fine of Rs. 500/ -. In default of payment of fine to further undergo simple imprisonment for three months. U/s. 323 IPC: to undergo simple imprisonment for six months and to pay a fine of Rs. 200/ -. In default of payment of fine to further undergo simple imprisonment for 15 days. Appellant Babu Lal + U/s. 323 IPC: to undergo simple imprisonment for one year and to pay a fine of Rs. 200/ -. In default of payment of fine to further undergo simple imprisonment for 15 days. Appellant Santosh Bai @ Shanti + U/s. 325 IPC: to undergo simple imprisonment for two years and to pay a fine of Rs. 500/ -. In default of payment of fine to further undergo simple imprisonment for six months.
(2.) SUBSTANTIVE sentences have been ordered to run concurrently. Since both the appeals arise out of one and the same judgment in Sessions Case No. 89/96, they are being disposed of by a common judgment. The relevant facts leading to these criminal appeals are summarised as follows: On 3. 7. 96 at 3. 30 PM, one Jagannath (PW5) lodged a report, Ex. P14 at Police Station, Atru (Baran), alleging therein that there was enmity between the complainant party and accused Shyam Bihari and others in regard to some house. At about 1. 30 PM on the day of incident, the complainant and his brother Ram Bharose were going to their father at another house. Ram Bharose was ahead the complainant. Soon Bharose reached in front of the house, the accused Shyam Bihari, Kanhaiyalal, Babu Lal, Rajendra Kumar, Mst. Gulab Bai and Mst. Shanti encircled him. Appellant Shyam Bihari with an intention to kill Ram Bharose, inflicted sword blow, which hit on his head and as a result thereof, he fell down. After Ram Bharose fell down, accused Shyam Bihari struck two more blows by sword on his head. Babulal and Rajendra started giving blows by sticks while other accused gave fists and leg blows. The complainant alleged that when he rushed to save his brother, accused Shyam Bihari inflicted a sword blow on his head, while Babu Lal inflicted stick blow on his head and Rajendra inflicted stick blow on his left shoulder. Accused Shanti hit stone on his back. Other accused also belaboured him after he fell down. According to the complainant, his wife Ramkanya, Bhabhi Ramnathi, niece Sumitra, Bhabhi Kailash Bai and niece Chandrakala came there to their rescue but the accused did not spare them and beat them with their respective weapons. The complainant alleged that accused also belaboured his parents. On the above written report, police registered a criminal case vide FIR, Ex. P. 15 for offence under Sections 147, 148, 307, 324, 323 and 149 IPC and proceeded with the investigation. In the course of investigation, police visited the site and prepared site plan, Ex. P. 16 and seized blood smeared and controlled soil from the place of incident vide memo Ex. P. 22.
(3.) ALL the injured were subjected to medical examination. As per injury report Ex. P. 3, 5 injuries were found on the person of Ram Bharose, which are stated below: 1. Incised wound (bony deep) 3" x 1/2" x 1/2" obliquely present on the Rt. fronto parietal region of scalp; 2. Incised wound (bony deep) 2" x 1/2" x 1/2". obliquely present on the left parietal region near left ear Pinna; 3. Incised wound (bony deep) 2-1/2" x 1/2" x 1/2" vertically present on the left occipital region of scalp; 4. Incised wound 1" x 1/4" x 1/4" present on the central aspect of left elbow joint and 5. Black eye difrigmentation, as a whole eye, present on right eye as a whole. Injuries No. 1 to 4 were caused by sharp weapon, while injury No. 5 was caused by blunt object. As per injury report, Ex. P4, injured Ganeshi Bai had no visible injury except pain on left arm and right arm. Injured Chandrakala sustained two bruises by blunt object and both were simple in nature. Mst. Kailash Bai sustained one bruise by blunt and this injury as per report Ex. P. 6 was simple in nature. As per injury report Ex. P. 7, there were three injuries on the person of Mst. Ramkanya. All were caused by blunt object and were simple in nature. ;