K. C. SHARMA, J. - (1.) SINCE trial in both the appeals was conducted separately, the witnesses were examined and documents were exhibited separately, therefore, it would be profitable to narrate the facts in both the appeals separately. Facts relating to D. B. Criminal Appeal No. 546/97:
(2.) THE accused appellants were put on trial for committing murder of Dhappi. At the conclusion of trial, the learned Sessions Judge, Karauli found the accused appellants guilty of the offences charged with and accordingly convicted them for offence under Sections 302/149 IPC and 148 IPC and sentenced each of the accused to undergo life imprisonment with a fine of Rs. 200/- on the first count and to undergo rigorous imprisonment for one years with a fine of Rs. 200/-, in default thereof, each to undergo 3 months imprisonment, on the second count. The relevant facts of the case are that on 12. 7. 95 at 7. 00 PM, PW2 Hari Ram submitted a written report, Ex. P. 18 at Police Station, Masalpur, district Karauli alleging therein that on the day of incident at about 12 in the noon, deceased Dhappi Ram S/o Shri Bherulal Meena of village Narayana was sitting at the `chopal' (Anthai) and number of residents of the village (namely, Madan, Heera Lal, Babu Lal, Thandi Ram, Mohar Singh, Rati Ram, Amar Lal etc.) along with the complaint were also sitting there. All of a sudden, accused Shiv Singh S/o Handu and Vijay Singh S/o Halke Meena of the village came at the Chopal. Accused Vijay Singh caught hold of legs of the deceased, while accused Shiv Singh caught hold of his hands. Thereafter accused Bhagwan Singh, Sadhu, Halke, Handu, Suwa Bai W/o Handu, Virma W/o Shiv Singh and Channo Meena W/o Bhagwan Singh who were accompanying accused Shiv Singh and Vijay Singh and sere armed with Kulhari, Gandasi, Dhariya, Farsa and Lathi started belabouring Dhappi. Soon after reaching there, accused Bhagwan Singh inflicted a Gandasi blow on the head of Dhappi, while Sadu and Handu inflicted Farsha blow on his back and waist. Deceased Dhappi managed to run away towards the village, so as to save his life. All the accused then chased the deceased and ultimately succeeded in making the deceased to fall at the `dhura' (heap of dirt) of Radha Kishan Meena. Thereafter accused Bhawan Singh, Sadu, Handu, Shiv Singh and Vijay Singh struck blows by Gandasi, Farsa and Kulhari on various parts of the body of deceased. It was then alleged that accused Suwa Bai, Virma and Chano struck Farsha and Kulhari blows on the paws of both hands of the deceased, as a result thereof, both the both the hands were cut from wrist joint. Having found Dhappi dead, all the accused returned back to their home. As per the report, the complainant went there and when he straighten the deceased, he asked for water. The complainant fetched water and served it to the deceased. In the mean time, Saroop, Bhoru, and Davjeet came there and brought the deceased to home, where he last breathed and passed away. On the basis of above report, police registered a case against the accused persons vide FIR, Ex. P. 33 and proceed with the investigation. In the course of investigation, police rushed to the place of incident and prepared site plan, Ex. P. 8 and seized blood smeared and controlled soil vide memo Ex. P. 9. The police got conducted autopsy on the dead body and collected the post mortem report, Ex. P. 23. The doctor, who conducted autopsy found as many as 16 incised wounds on the person of deceased. In his opinion, the cause of dead was excessive haemorrhage. The police seized the blood stained cloths of the deceased vide seizure memo, Ex. P. 1. On 16. 7. 95, police arrested accused Mst. Suwa Bai vide memo Ex. P. 6. Accused Handu was arrested on 4. 8. 95 vide memo Ex. P. 22. Accused Sadhu and Bhagwan Singh were arrested vide memos Ex. P. 25 and P. 26, respectively. Police seized the blood stained `kurta' of accused Hundu and blood stained Dhoti of accused Bhagwan Singh vide memos Ex. P. 12 and P. 13, respectively. Accused Sadhu, Bhagwan Singh and Handu furnished informations Exs. P. 28, 29 and 30 under Section 27 of the Evidence Act as regards recovery of Farsa, Gandasi and Farsa, respectively. Pursuant to the information, Ex. P. 27 furnished by accused Suwa Bai, the police recovered a Kulhari at her instance vide memo Ex. P. 3 and also prepared site plan, Ex. P4 of the place of recovery of Kulhari. The police also recorded the statements of witnesses and after completion of investigation, submitted a charge sheet against the accused persons, except Shiv Singh and Vijay Singh, in the court of learned Additional Chief Judicial Magistrate, Karauli and since Shiv Singh and Vijay Singh were absconding, the investigation was kept pending against them under Section 173 (8) Cr. P. C. The learned Magistrate, having found the case exclusively triable by the court of Sessions, committed the case to the court of Sessions Judge. The learned Sessions Judge, after hearing counsel for the parties and on the basis of evidence and material collected during investigation and placed before it, framed charges against the accused appellants under Sections 148 and 302/149 IPC. The accused denied the charges and claimed trial. In support of its case, the prosecution examined as many as 31 witnesses and got exhibited numerous documents. Thereafter, the accused were examined under Section 313 Cr. P. C. In the explanation, accused Hanu stated that about 3 years prior to this incident deceased Dhappi had committed rape on the wife of his son Shiv Singh, after forcibly entering into his house and for this reason the deceased and his family members had ill will against them. He further explained that deceased could not get the bail and was declared absconder and ultimately he became dacoit. It was explained that deceased had enmity with number of persons and therefore, it cannot be said as to who murdered him. It was for this reason that he and his family members have been falsely implicated in the present case. In their defence, the accused examined DW 1 Purushottam and DW 2 Devi Charan.
(3.) AT the conclusion of trial, the learned trial court found the charges established against the accused appellants and accordingly convicted them for offence under Sections 148 IPC and 302/149 IPC and sentenced each of them to undergo rigorous imprisonment for one year with a fine of Rs. 200/-, in default thereof to further undergo 3 months rigorous imprisonment on the first count and life imprisonment with a fine of Rs. 200/- each, in default thereof to undergo rigorous imprisonment for 3 months on the second count, vide impugned judgment dated 8. 10. 2002. Hence, the present appeal against conviction and sentence. Facts relating to Appeal No. 1034/2001: That as mentioned above, accused appellants Shiv Singh and Vijay Singh absconded during investigation and could not be arrested inspite of best efforts hence charge sheet under Section 299 Cr. P. C. was filed against them. Later on, accused appellant Shiv Singh was arrested on 6. 07. 2001 vide arrest memo Ex. P. 14 and accused Vijay Singh was also arrested on the same day vide arrest memo Ex. P. 15. A farsi was recovered in the instance and information, Ex. P. 16 of accused appellant Shiv Singh vide recovery memo Ex. P. 11. Similarly an axe was recovered at the instance and information, Ex. P. 17 of accused appellant Vijay Singh vide recovery memo Ex. P. 12. The Investigating Officer, Police Station Masalpur after arrest of the accused appellants Shiv Singh and Vijay Singh submitted a charge sheet against them before the court of Additional Chief Judicial Magistrate, Karauli on 17. 09. 2001 who, in turn, committed the case to the court of Sessions. Charges under Sections 148 and 302/149 IPC were framed against them on 29. 6. 2002, to which they denied, pleaded not guilty and claimed to be tried. To prove its case, the prosecution examined 15 witnesses. In their statements under Sections 313 Cr. P. C. the accused appellants denied the allegations and stated that they have been implicated falsely. It may be stated that out of 15 witnesses, 10 witnesses examined in this case, namely, PW1 Hari Ram, PW2 Prahlad, PW3 Kajodya PW4 Tej Ram PW5 Rati Ram, PW6 Shyam Sunder, PW7 Raju, PW8 Swaroop Lal, PW9 Pappu, PW12 Randheer Singh and PW13 Dr. Hari Mohan Meena had already been examined during trial in Sessions Case No. 97/95 against Smt. Suwa and others. At the conclusion of trial, the learned trial court found the charges established against the accused appellants and accordingly convicted them for offence under Sections 148 IPC and 302/149 IPC and sentenced each of them to undergo rigorous imprisonment for one year with a fine of Rs. 200/-, in default thereof to further undergo 3 months rigorous imprisonment on the first count and life imprisonment with a fine of Rs. 200/- each, in default thereof to undergo rigorous imprisonment for 3 months on the second count, vide impugned judgment dated 10. 07. 2002. Hence, the present appeal against conviction and sentence. ;