BANSAL, J. - (1.) THE instant appeal stems from the judgment dated December 21, 1996 passed by learned Special Judge, SC/st (prevention of Atrocities) cases and Additional Sessions Judge, Sawaimadhopur in Sessions Case No. 30/1996 whereby the convicted and sentenced the accused appellant Kamal @ Kamal Singh and co- accused Hari Singh who has not filed appeal against his conviction as under:- Kamal Singh u/s 302 IPc Life Imprisonment with a fine of Rs. 1, 000/- in default of payment of fine to further undergo one year's rigorous imprisonment. Hari Singh u/s 323 IPc Imprisonment for the period already undergone by him in detention
(2.) THE appellant Kamal Singh and hari Singh were acquitted from the remaining charges and co-accused Kanhaiya was acquitted of all the charges framed against him. Briefly stated the facts of the prosecution cases are that on April 27, 1996 parcha-bayan Ex. P4 of PW 4 Handu son of Ratanlal by caste Meena resident of Badolas who was undergoing treatment in General Hospital, Sawaimadhopur, was recorded by hari Singh SI, (PW11) PS Kotwali, Sawaimadhopur at 5:50 AM wherein Handu stated that today at about 6:30 PM he had gone to the well situated in front of his house for taking bath. On hearing hue and cry from the side of his house he ran towards his house an saw that Kanhaiyalal, Hari Singh, Kamal, Sugan all by caste meena resident of Badolas were beating his father Ratanlal, uncle Harji and aunt Smt. Rampati wife of Kishanlal with lathis and gandasi. Kamal Singh gave gandasi blow on the person of his father and the remaining accused inflicted injuries on the person of his uncle Hari. When he and Rampati intervened to rescue them they were also beaten by he accused. He was inflicted injuries with lathi by Hari Singh. He sustained injuries on his left elbow and left temporal region. His father Ratanlal sustained serious injuries and his condition is precarious. It was also stated by handu that the accused wanted to encroach upon their land situated in front of their house by butting `bed' (thorny bushes) over it. They were rescued by Bhim Singh, Khemraj and other persons. Therefore, Jagdish, Kanhaiyalal and others took all the injured persons to Sawaimadhopur and got them admitted in General Hospital. On the basis of parcha-bayan Ex. P. 4 a case under section 307, 447, 323, 324 IPC was registered by SHO Police Station Malarna Dungar. Formal FIR is ex. P34. Harji, Handu, Ratanlal and Rampati were medically examined on 27. 4. 1996 by Shri Preetam Chand Gupta, Medical Jurist, Sawaimadhopur and he prepared injury reports Ex. P1, Ex. P5,ex. P9 and Ex. P13 respectively. On X-ray it was also found that there was compound fracture of left frontal bone of Ratanlal and fracture of lower 1/3rd of radius and ulna bone of Rampati's left forearm. Ratanlal died in the hospital at about 5:30 PM on April 28, 1996. Autopsy on his dead body was conducted by Dr. Gupta, Medical Jurist on April 29, 1996 and he prepared post mortem report Ex. P10. Therefore, section 302 IPC was added by the police. In the course of investigation inquest report of the dead body of Ratanlal Ex. P3 was prepared by the Investigating Officer. Clothes of the deceased Ratanlal which he was wearing at the time of incident were seized and sealed by the Investigating Officer Vide Ex. P7. The Investigating Officer reached on the spot on April 29, 1996 and prepared site-plan Ex. P22. blood-smeared soil and control soil were seized and seized vide seizure memo Ex. P23. Statements of the witnesses were recorded under section 161 Cr. P. C. All the accused were arrested vide arrest memos Ex. P24, Ex. P25 and Ex. P26 respectively. On the disclosure statement Ex. P27 of the appellant Kamal Singh recorded under section 27 the Evidence Act, gandasi was recovered at his instance. Lathies were also recovered on the disclosure statements of the remaining accused. On conclusion of the investigation a chargesheet was laid in the court. In due course the case came up for trial before learned Additional Sessions Judge. Learned Additional Sessions Judge framed charges against u/ss. 302, 307, 325/34, 323 and 323/34 IPC against the appellant. Charges under sections 302/34, 307/34, 325, 323, 323/34 and 323/34 IPC were framed against Kanhaiya and Hari Singh. The appellant and the other co-accused denied the charges and claimed to be tried. In order to prove the charges the prosecution has examined as many as. 14 witnesses and exhibited 37 documents. In their statements recorded under section 313 Cr. P. C. it was stated by the accused that when Hari Singh was tying his goats in his bada Ratanlal, Harji, Handu, Kailash, Khemraj, Rampati, Naini Bai and Goranti came over there and beat him with lathi, danda and gandasi. Om hearing hue and cry Kamal Singh and Kanhaiya went to save hari Singh from their well and they were also beaten by Ratanlal and others. They sustained injuries on their person and got them medically examined. In defence DW1 Dr. Umesh Sharma was examined and the copies of the injury reports and FIR No. 45/1996 dated 27th April 1996 were filed.
(3.) LEARNED Additional Sessions Judge, on hearing the final submissions convicted and sentenced the accused appellant Kamal Singh and co-accused Hari Singh and other co-accused Kanhaiya was acquitted of all the charges. We have heard learned counsel for the appellant and learned Public Prosecutor for the State. With their assistance we have carefully scanned and scrutinized the material on record. Pw 6 Dr. Gupta stated in his deposition that on April 27, 1996 he was posted as Medical Jurist in General Hospital, Sawaimadhopur. On that day at 3:15 AM he examined Ratanlal son of Kalu Meena aged 55 years resident of Badolas and found following injuries on his person:- (1) Lacerated would 5 cm. x 1 cm. with clotted blood on left frontal region of scalp. there was bleeding from both nostrils. There was compound fracture of left frontal bone through which brain matter was coming out. (2) Abrasion with clotted blood 2 cm. x 1 cm. on right thigh. ;