SHARMA, J. - (1.) THE nine appellants were indicted before the learned Special Judge SC/st (Prevention of Atrocities) Cases Sawai Madhopur for having committed murder of Akhtyar. Learned Special Judge vide judgment dated March 22, 1999 convicted and sentenced the appellants as under:- BARKAt U/s. 302 IPc To undergo imprisonment for Life and fine of Rs. 200/- in default to further suffer 3 months S. I. U/s. 148 IPc One year R. I. U/s. 447 IPc One month R. I. U/s. 323/149 IPc Six months R. I. U/s. 325/149 IPc 3 years RI and fine of Rs. 100 in default to suffer one month S. I. 2. MUKHTYAR, 3. MANZOOR ALI, 4. HAJOOR ALI, 5. SHAKOOR, 6. MST. GOPA, 7. MST. CHHOTI, 8. MST. ZURHAT, 9. MST. JAIBOON: + U/s. 302/149 IPc To undergo imprisonment for Life and fine of Rs. 200/- in default to further suffer 3 months S. I. U/s. 148 IPc One year R. I. U/s. 447 IPc One month R. I. U/s. 323/149 IPc Six months R. I. U/s. 325/149 IPc 3 years RI and fine of Rs. 100 in default to suffer one month S. I. All the sentences were ordered to run concurrently.
(2.) AS per the prosecution story, on November 23, 1996 at about 7. 05 p. m. , ASI Police Station Mantown recorded Parcha Bayan of Sarfuddin (PW. 3) who was admitted in Male Surgical Ward of Sawai Madhopur Hospital. In the Parcha bayan, it was, interalia, alleged that around 12 noon, on the same day, the informant Sarfuddin, Akhtyar (now deceased) and women namely Tofan, Farida and Sagiran were after watering their field sitting near the well. At that time accused Barkat, Mukhtyar, Manzoor, Hazoor, Shakoor, Mst. Gopa, Mst. Chhoti, Mst. Jaiboon and Mst. Zumrat came there armed with lathies and iron rods. Seeing them the members of the complainant party took to their heels. In the process of fleeing, brother of informant namely Akhtyar was surrounded by accused persons and Barkat dealt a blow with iron rod on the head of Akhtyar. Mukhtyar gave blows on the left hand, shoulder and left thigh of Akhtyar, resultantly, Akhtyar fell down on the ground. In the anxiety to save Akhtyar, the informant as also Mst. Tofan tried to screen Akhtyar by lying on him. Thereafter Manzoor, Mst. Chooti, Mst. Gopa, Mst. Zumrat, Mst. Jaiboon and Shakoor, who had lathies in their hands, belaboured injured Akhtyar and the informant. Mst. Tofan was given a blow on the head by Hazoor, and rest of them gave lathi blows on other parts of her body. On hearing hue and cry Islamuddin, Mst. Sagiran, Farida and Habib came rushing there for help. The accused then fled away. The injured persons were removed to the hospital, where Akhtyar was declared dead. On the basis of Parcha Bayan of Sarfuddin, Police station Mantown Sawai Madhopur, registered a case under sections 147, 148, 149, 447, 307 and 302 IPC and investigation commenced. After doing the needful a charge sheet was filed and the case came up for trial before the learned Special Judge, SC/st (Prevention of Atrocities cases Sawai Madhopur charges under sections 148, 447/149, 325/149, 302 in the alternative 302/149, 307 and 307/149 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 14 witnesses. In the explanation under section 313 Cr. P. C. the appellants claimed innocence. On hearing final submissions, the learned trial judge convicted and sentenced the appellants as indicated hereinabove. Undisputedly the death of Akhtyar was homicidal. As per the post mortem report Ex. P. 9 Akhtyar sustained following 19 injuries which were antimortem in nature and death was caused due to coma resulting from fracture of skull bones and subdural haemotoma: (i) Lacerated wound 3"x1/4" x Bony deep on the left parietal region of skull (scalp) 1" from the mid line. (ii) Lacerated wound 1 1/4"x 1/8" x Bony deep on the mid line of scalp. (iii) abrasion with contusion 1 1/2" x 1" on dissection Haemotoma is present. (iv) swelling 5" x 3" on upper 2/3 rd of left fore arm. On further dissection there is fracture of left Radius and ulna mid of shaft. (v) Lacerated wound 1" x1/2" x bony deep with bone protusion onposteror aspect of left fore arm. (vi) abrasion 1" x 1/4" on the lateral surface of upper 1/3rd of left arm. (vii) Lacerated wound 1/2" x 1/4" x 1/4" on the lateral surface of arm in the middle area (left arm ). (viii) Bruise 5" x 3" lat. aspect of arm (left arm ). (ix) Abrasion 1/4" x 1/4" ant. , aspect of left shoulder. (x) Abrasion 1/4" x 1/4" on the post aspect of left shoulder. (xi) A Abrasion 1" x 1/2" lateral side of mid Rt. arm. (xii) Abrasion 1/4" x 1/4" lateral side of mid Rt. arm. 1" below the injury No. 11. (xiii) Bruise 2" x 1" on lat. aspect of mid Rt. arm. (xiv) Abrasion 3" x 1/4" on the posterior aspect of Rt. mid forearm. (xv) Abrasion 1" x 1/4" Posterior aspect of lower 1/3rd of forearm. (Rt.) (xvi) Bruise 5" x 3" Antro medial aspect of left thigh. (xvii) Lacerated wound 1/2" x 1/4" x bony deep lateral surface of left thigh. (xviii) Abrasion 1/4" x 1/4" lateral aspect of Rt. knee. (xix) Abrasion 1/4" x 1/4" just below the rt. knee cap. " In the course of incident informant Sarfuddin, as per injury report Ex. P. 1, sustained 9 injuries, out of which 2, 3, and 7 were found grievous in nature. The injuries are as under - (i) Bruise 3"x2" on the rty. arm. (ii) Swelling with tenderness 1 1/2" x3" on the posterior surface of Rt. forearm. (iii) Swelling with tenderness 1 1/2" x 1" on the Rt. perieto frontal bone of skull 3. 5 " from the Pina of ear. (iv) Bruise 3" x 1 1/2" on the left buttock (v) Bruise 1 1/2" x 3 1/2" lateral side of Rt. Thigh 3" from the knee joint (Lower 1/3 rd of Rt. thigh ). (vi) Bruise 2" x 2" on the lateral side of Rt. knee. (vii) Swelling with tenderness 4" x 3" on the posterior surface of Rt. leg. (viii) Abrasion 1/4" x 1/4" on the 1ft elbow joint. (ix) Complaining of pain in the left thigh. No ext. injury seen. Injuries received by Mst. Tofan were also examined and as per injury report Ex. P. 3 following injuries had been received by her- (i) Lacerated wound 1" x 1/8" bony deep on the left parietal bone 4" above the Rt. ear. (ii) Lacerated wound 1 1/2" x 1/8" x skin deep. on the mid line on the parietal bone (iii) Lacerated wound 1/4" x 1/8" x 1/8" on the lateral side of Rt. arm. (iv) Swelling with tenderness 2" x 2" on the middle of left arm. (v) Swelling with tenderness 4" x 3" on the lateral side of buttock. (vi) Pain in the back left thigh No ext. injury seen.
(3.) THE prosecution case rests on the testimony of eye witnesses namely Sarfuddin (PW. 3), Islamuddin (PW. 6), Habib (PW. 7), Tofan (PW. 8), Sagiran (PW. 9) and Farida (PW. 14 ). Sarfuddin (PW. 3) in his deposition stated that after watering their fields while they were sitting near the well appellant Barkat, Muktyar, Manzoor, Hazoor Sakoor, Goppa, Chhoti, Jumrat and Jaiboon came there armed with lathies and iron rods. Seeing them he along with others Islamuddin, Habib, Tofan and Sagiran took to their heels. In the process of fleeing, Akhtyar was surrounded by appellants and Barkat inflicted blow with iron rod on his head while Mukhtyar and Manzoor respectively gave blows on his right hand, shoulder and right leg. Mukhtyar inflicted another blow on the head of Akhtyar. After Akhtyar fell down the appellants indiscriminately inflicted blows on his person. When the informant made attempt to intervene Hazoor inflicted blows on his head and Mst. Chhoti, Jumrat etc. also caused injuries on his person. Hajoor also inflicted blow with iron rod on the head of Mst. Tofan. Akhtyar was taken to the Hospital where he was declared dead. In his cross examination Sarfuddin admitted that there was a litigation between his father and the father of the appellants and case of mutation was decided in 1996 in favour of Munsiya. He also admitted that he and the deceased Akhtyar had been confined in Jail for a period of four months. We have scanned the testimony of other eye witnesses namely, Islamuddin (PW. 6), Habib (PW. 7), Sagiran (PW. 9), and Farida (PW. 14) and scrutinised the memos drawn by investigation Officer. Salient features of the case as noticed by us, may be summarised thus: (i) Seeing the accused coming, the complaint party took to their heels and in the process of fleeing Akhtyar left behind and Barkat dealt a blow with iron rod on the head of Akhtyar and Muktyar gave blows on his left hand, left shoulder and left thigh. (ii) Sarfuddin and Mst. Tofan when made attempt to rescue Akhtyar Hazoor inflicted injuries with iron rod on their person. (iii) The prosecution witnesses levelled vague allegations against Manzoor, Shakoor, Mst. Gopa, Mst. Chhoti, Mst. Zurhat and Mst. Jaiboon. (iv) Death of Akhtyar was caused due to coma resulting from fracture of skull bones and subdural haemotoma and the said injury was attributed to Barkat. (v) Sarfuddin sustained grievous injuries on his right forearm, right parieto frontal bone and right leg. (vi) Mst. Tofan received lacerated wounds on left and midline of parietal bone and right arm. (vii) Gafoor, the father of deceased had informed Ram Charan, ASI that quarrel had been picked up in village Pachipalya and this information was reduced into writing. (viii) A criminal case relating to incident of causing injuries to Munshiya (father of appellants Barkat, Mukhtiyar and Hazoor) was registered on July 27, 1996 against the deceased Akhtyar and the informant Sarfuddin and they remained in custody for a period of four and half months in that case. (ix) Revenue case is regard to land in dispute was decided in favour of Munshiya and land was mutated in his name. ;