SHIV KUMAR SHARMA, J. - (1.) AS many as 13 accused were indicted before the learned Additional Sessions Judge No. 1 Alwar in Sessions Case No. 24/95 for having committed murder of Pyaro Bai. The learned Judge vide judgment dated May 4, 1998 convicted and sentenced the appellants as under : 1. Hakim Singh : U/s. 148 IPc One year R. I. with fine of Rs. 300/- and in default further sentence of one month S. I. U/s. 302 IPc Life Imprisonment with fine of Rs. 1000/- and in default of payment of fine to further sentence of 3 months S. I. U/s. 324/149 IPc 3 Years R. I. with fine of Rs. 1000 and in default to further sentence of 3 months S. I. U/s. 323/149 IPc One year R. I. with fine of Rs. 1000 in default to further sentence of 3 months S. I. U/s. 3/25 Arms Act 3 years R. I. fine of Rs. 1000 in default to further sentence of 3 months S. I. 2. Kartar Singh : U/s. 148 IPc One year R. I. with fine of Rs. 300/- and in default further sentence of one months S. I. U/s. 302/149 IPc Life Imprisonment with fine of Rs. 1000/- and in default of payment of fine to further sentence of 3 months S. I. U/s. 324 IPc 3 Years R. I. with fine of Rs. 1000 and in default to further sentence of 3 months S. I. U/s. 323 IPc One year R. I. with fine of Rs. 1000 in default to further sentence of 3 months S. I. 3. Gurjit Singh, 4. Jeeto Bai, 5. Darbar Singh, 6. Swaran Singh. + U/s. 148 IPc One year R. I. with fine of Rs. 300/- and in default further sentence of one month S. I. U/s. 302/149 IPc Life Imprisonment with fine of Rs. 1000/- and in default of payment of fine to further sentence of 3 months S. I. U/s. 324/149 IPc 3 Years R. I. with fine of Rs. 1000 and in default to further sentence of 3 months S. I. U/s. 323/149 IPc One year R. I. with fine of Rs. 1000 in default to further sentence of 3 months S. I. 7. Pooran Singh, 8. Mehar Singh, 9. Avtar Singh + U/s. 302/149 IPc Life Imprisonment with fine of Rs. 1000/- and in default of payment of fine to further sentence of 3 months S. I. U/s. 324/149 IPc 3 Years R. I. with fine of Rs. 1000 and in default to further sentence of 3 months S. I. U/s. 323 IPc One year R. I. with fine of Rs. 1000 in default to further sentence of 3 months S. I. 10. Veer Singh : U/s. 302/149 IPc Life Imprisonment with fine of Rs. 1000/- and in default of payment of fine to further sentence of 3 months S. I. U/s. 324/149 IPc 3 Years R. I. with fine of Rs. 1000 and in default to further sentence of 3 months S. I. U/s. 323 IPc One year R. I. with fine of Rs. 1000 in default to further sentence of 3 months S. I. 11. Nattho Bai: U/s. 302/149 IPc Life Imprisonment with fine of Rs. 1000/- and in default of payment of fine to further sentence of 3 months S. I. U/s. 324/149 IPc 3 Years R. I. with fine of Rs. 1000 and in default to further sentence of 3 months S. I. U/s 323/149 IPc One year R. I. with fine of Rs. 1000 in default to further sentence of 3 months S. I. All the sentences were ordered to concurrently. Accused Jeet Singh and Kashmir Singh were however acquitted.
(2.) THE investigation of the case set in motion on the basis of the written report dated May 20, 1995 Ex. D. 2 instituted by informant Gurucharan Singh (PW1 ). It was interalia stated in the report that on the said day around 4. 30- 5 p. m. when Ishwar Singh, younger brother of informant, alongwith Lal Singh and Gurudeo Singh were installing hand pump in the house belonging to Meos, the accused Hakim Singh, Mehar Singh, Veer Singh, Pooran Singh, Avtar Singh, Kartar Singh, Darbar Singh Swaran Singh, Smt. Jeeto, and Smt. Naino armed with pistols, farsis, lathies and spears, came over there. Hakim Singh opened fire with pistol that hit Pyaro Bai, who died at the spot. Veer Singh opened fire that hit Amar Kaur. Kartar Singh inflicted blow with spear on the person of Ishwar Singh. Smt. Jeeto gave farsi blow to Kulvanto. Darbar Singh caused injury by farsi on the person of Rano Bai. Mehar Singh, Pooran Singh and Avatar Singh inflicted lathi blows to informant, whereas Gurjit Singh and Darbar Singh gave farsi blow on the person of Sarvan Singh. Case under sections 147, 148, 149, 323, 324, 307 and 302 IPC was registered. On completion of investigation charge sheet was filed. In due course the case came up for trial before learned Additional Sessions Judge No. 1, Alwar. Charges under Sections 148, 302, 326 read with 149, 324 read with 149, 323 read with 149 IPC and 3/25 Arms Act against Hakim Singh, against Kasmir Singh 148, 302/149, 326, 324/149, 323/149 IPC, against accused Kartar Singh under Sections 148, 302/149, 326/149, 324, 323/149, and against accused Veer Singh 148, 302/149, 326/149, 324/149, 323/149, and accused Gurjit Singh, Mehar Singh, Jeet Singh, Pooran Singh, Nanine Bai, Avtar Singh, Jeeto Bai, Darbar Singh and Swaran Singh under Sections 148, 302/149, 326/149, 324/149 and 323/149 IPC were framed. All the accused denied the charges and claimed to be tried. THE prosecution in support its case examined as many as 22 witnesses and produced 77 documents. In the explanation under Section 313 Cr. P. C. the accused claimed innocence. Two witnesses were examined in defence. THE learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above. We have heard the submissions advanced before us and scanned the material on record. At the outset it will be appropriate to consider the nature of injuries sustained by the deceased and other persons. As per post mortem report (Ex. P-30) Pyaro Bai received following ante mortem injuries:- " (1) Multiple gun shot wounds pallets like one left side, renal area 8" x 6" lower part of chest and nod, part as well as lat. small rounded and oral shape wounds with blacking present in some wounds with blood present. The margins of the wounds inverted simple of wounds is 1cm in diameter. Internal injuries: (1) There is multiple small oval shape wounds resembling pallets on the lower part of post aspect of left lung, the injuries congested cavity containing blood mided thid. patels present in lung. (2) There is multiple small wounds on liver lower part with blood oozing+ palents present. (3) There is multiple memorary pallets present in operation and left side kidney with blood oozing. The whole abdominal cavity contains blood. " As per Injury report (Ex. P-32) Amro Bai (PW5) received following injuries:- " 1. Lacerated wound: clotted blood present 4cm x 0. 8cm x scalp deep On the lt. half of scalpal Lt. parietal bone. As per Injury report (Ex. P-33) Guru Charan Singh (PW1) received following injuries:- " 1. lacerated wound with clot present 1 x 0. 2 x 0. 2cm On the mid line of scalp Ist 2cm away from hair 1m. 2. Abrasion: on the Rt. half of scalp 1 x 0. 5cm 3. Abrasion: on the lateral surface of Lt. arm at middle joint. 5 x 0. 5cm 4. Bruise: On the vertical surfact of it, blood joint. 7 x 2. 5cm 5. Abrasion: On the lateral surface of Lt. fore arm at its lower 1/3rd. 2 x 0. 2cm"
(3.) ISHWAR Singh (PW6) received following injuries vide injury report (Ex. P. 34):- " 1. Incised Wound: on the part of fore head imomary from nasal bridge 4. 5 x 0. 5 x 0. 5cm 2. Swelling: On the back of Lt. elbow joint 10 x 4cm As per Injury report (Ex. P-36) Smt. Kulwanto Bai (PW4) received following injuries:- " 1. Lacerated wound: On the Rt. half of scalp-clot. Tagha bone Rt. parietal bone 0. 5 x 0. 2 x 0. 2cm 2. Swelling: On the dorsal surface of Lt. fore arm of upper 1/3rd 10 x 6 3. Abrasion: On the dorsal surface of Rt. arm of lower 1/3rd 1 x 0. 5cm" As per Injury report (Ex. P-37) Swaran Singh received (PW3) following injuries:- " 1. Lacerated wound: On the Rt. half of scalp 4 x 0. 5 2. Abrasion: On the dorsal surface of Lt. thing 1 x 0. 3cm 3. Swelling: On the lateral margin of Lt. elbow soft 5 x 3cm" ;