SHIV KUMAR SHARMA, J. - (1.) THE appellants five in number were placed on trial for having committed murder of Dhandhad and Isab in Sessions Case No. 29/97 before the learned Additional Sessions Judge No. 3, Alwar. Learned Additional Sessions Judge vide judgment dated December 5, 1998 convicted and sentenced the appellants as under:- (1) Mangu Khan, (2) Sirdar Khan, (3) Subedar Khan, (4) Deen Mohd. and (5) Jamil Khan: U/s 148 IPc To suffer Two Years Rigorous Imprisonment and fine of Rs. 1,000/- , in default to further suffer Six Months Rigorous Imprisonment. U/s. 302/149 IPc To suffer Imprisonment for life and fine of Rs. 5,000/-, in default to further suffer. Two Years Rigorous Imprisonment. U/s. 323/149 IPc To suffer One year Rigorous Imprisonment. All the sentences were directed to run concurrently.
(2.) AS per prosecution story the informant Sahab Khan (PW. 3) submitted a written report (Ex. P-6) on July 11, 1997 at 9. 10 AM at Police Station Sadar Alwar with the averments that around 7 AM Dhandhad and Isab (since deceased), who were respectively father and brother of the informfant, were present in their field. They were assaulted by the appellants and when the informant attempted to intervene he also sustained injuries. On account of assault Dhandhad and Isab died on the spot. On the basis of the allegations averred in the FIR, the police station Sadar Alwar registered a case under Sections 147, 148, 149, 307, 447 and 302 IPC and investigation commenced. On completion of the investigation charge sheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge No. 3 Alwar. Charges under Sections 147, 148, 302, 302/149 and 323/149 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as fifteen witnesses. In their explanation under Sections 313 Cr. P. C. the appellants claimed innocence and stated that the agricultural field where the occurrence had occured had been in their possession and Mangu and Sirdar also sustained injuries. On hearing the final submissions the learned trial judge convicted and sentenced the appellants as indicated herein above. Super structure of the prosecution case is founded on the testimony of Zakir Hussain (PW. 1), Rudar (PW. 2), Sahab Khan (PW. 3), Sharif Khan (PW. 4) and Riyasat Ali (PW. 5 ). The statements of these witnesses were corroborated by Dr. Amar Singh (PW. 12) who conducted autopsy on the dead bodies of Dhandhad and Isab. Then comes the testimony of Narpat Singh Rathore (PW. 15), who had investigated the case. We find it necessary at this juncture to consider the injuries sustained by the deceased and other persons. As per post mortem report (Ex. P-60) deceased Isab sustained following injuries:- 1. Incised wound: Rt. fore arm 7 x 1 cm x bone deep c- red clotted blood both fore arms bone are cut clearly tissue staining. 2. Two Abrasions: (1) 3" x 1 cm ] Right knee anteriorly (2) 2 x 1 cm] 3. Incised Wound: 12 x 2 cm x muscle deep left thigh, leterally placed vertically- red clotted blood. 4. Abrasion: 6 x 4cm (Rt.) thigh anteriorly. 5. Incised wound: (Rt.) Frontal bone skull is clear cut 7 x 2 cm x bone deep c clotted Blood (Rt.) frontal area of skull obliquely placed. 6. Incised wound : 6 x 2cm x bone deep right fronto parietal skull, clear cut, red clotted Blood, obliquely placed. 7. Incised Wound: 10 x 4cm x bone deep (Rt.) Parieto occipital skull, clear cut, tissue staining in frontal side obliquely placed. 8. Incised wound: 7 x 4 cm x bone deep, Occipital area of skull posteriorly. 9. Incised would: Left side skull, Parieto occipital skull 6 x 2cm x bone deep clear cut obliquely placed, red clotted blood. All injuries were antemortem in nature and cause of death was coma due to head injury to brain and skull. Deceased Dhandhad vide post mortem report (Ex. P-61) received following injuries:- 1. Incised wound: Little fingre (Lt.) Hand, bone cut proximal phalynx level red clotted blood. 2. Incised wound: 8 x 6cm x muscle deep. upper 1/3rd, posteriorly (Lt.) fore arm 3. Incised Wound: (Lt.) Fore arm 10 x 2 cm x muscle deep obliquely placed posteriorly. 4. Incised wound: Fore head, 8 x 2cm red clotted blood, c bone is cut mid frontal area. 5. Incised wound: 3 x 1/2 cm x muscle deep (Rt.) thumb, posteriorly, red clotted Blood. 6. Incised wound: IV finger (Rt.) Hand at proximal phalynx, posteriorly 3 x 1/2 cm x muscle deep. 7. Incised wound: V finger, (RT.) Hand at middle phalynx posteriorly, 3, 1/2cm x muscle deep. 8. Incised Wound: 8 x 2cm x bone deep (Rt.) leg laterally, fracture both leg bones are cut red clotted blood upper 1/3rd. 9. Incised wound: 8 x 2cm (Rt.) leg x bone deep, red clotted blood both leg bones cut. 10. Bruise: 6 x 4cm (Rt.) side skull Redish. 11. Bruise: 8 x 6cm (Lt.) side skull. All injuries were antemortem in nature and cause of death was coma due to head injury to skull and brain.
(3.) AS per injury report (Ex. P-15) the informant Sahab Khan sustained following injuries:- 1. Lacerated wound: 5 x 1cm Rt. side of Parietal region. 2. Abraded Bruise: 6 x 4cm Lt. Shoulder 3. Bruise 6 x 4 cm (Rt.) wrist 4. Abrasion: 6 x 2cm Left leg. The appellant Mangu vide injury report (Ex. D-6) sustained following injuries:- 1. Abrasion: 4 x 1/2cm (Rt.) Hand. 2. Abrasion: 4 x 1/2cm (Lt.) Palm (Lt.) Hand 3. Abrasion: 8 x 4cm (Lt.) Fore Arm. 4. Abrasion: 1 x 1cm Nose. As per injury report (Ex. D-7) the appellant Sirdar received following injuries:- 1. Multiple abraded bruise: 7 x 1cm (Rt.) shoulder. 2. Lacerated wound: 3 x 1 x 1/2cm (Rt.) leg. 3. Two Abrasion: 3 x 2cm (Lt.) knee. ;