K. C. SHARMA, J. - (1.) ABOVE four criminal appeals arise out of the judgment and order dated 23. 1. 2001 passed by the Additional Sessions Judge No. 2, Ajmer, thereby holding the accused appellants guilty for offence under sections 302/149, 341 and 148 IPC for causing death of Manoj and accordingly convicting and sentencing the accused appellants in the manner stated below: U/s. 302/149 IPc Life imprisonment and a fine of Rs. 5000/- in default of payment of fine, each to further undergo rigorous imprisonment for one year. U/s. 148 IPc Three years rigorous imprisonment with a fine of Rs. 2000/- each, in default thereof, each to further undergo simple imprisonment for one year. U/s. 341 IPc One month's simple imprisonment with a fine of Rs. 500/-, in default thereof, each to further undergo simple imprisonment for a week.
(2.) SINCE all the four appeals arise out of one and the same judgment in a Sessions Case No. 73/98, they are being decided by a common judgment. According the prosecution, Parcha Bayan, Ex. P15 of PW4 Rajesh Sharma was recorded on 17. 3. 98 at 10. 35 PM. In his Parcha Bayan, Rajesh stated that on the day of incident at 9. 30 PM after taking milk at the shop of Madho Lal Mohan Lal, he along with Suraj Singh, his friends Madhu Sudan Bhati, Pawan Kumar and his brother-in-law Sushil Kumar Sharma was returning to his house. While on way, his brother Manoj met him at Naya Bazar Chopar, who told him that he was coming after parking the scooter. After some conversation, when he along with others were moving towards Ghee Mandi, his brother Manoj met him at the gate of Ghee Mandi. It was 9. 45 PM. At that time, one auto rickshaw came from the side of Naya Bazar and stopped there. Accused Tarun, Sheru, Juli @ Pramod Singh, Hanuman, Dilip and Ramesh came down from the said Auto-rickshaw (bearing No. RJ 01/p-0543 ). All the accused persons encircled his brother Manoj and dragged and threw him in the auto-rickshaw and then started inflicting knife blows. Manoj raised an alarm and when they went near him, Manoj requested the accused not to inflict knife blows. Thereafter, Manoj with a view to save his life jumped from the auto-rickshaw. But still the accused Tarun and Sheru did not spare him and continued to stab. After Manoj fell down, the accused persons escaped from the scene in the auto-rickshaw. In the mean time, one police constable came there, with whose help he brought Manoj to the hospital. It was stated that he saw sever injuries on the buttock and thigh of Manoj. The doctor at the hospital made efforts to treat him, but Manoj succumbed to the injuries. As per parcha Bahayan of Rajesh, accused Tarun had abused and threatened to see him and his brother Manoj a day prior in the night at the Madar Gate as Manoj had refused to give him clothes on credit from his shop. Even just before the incident, accused Sheru and Tarun had threatened at 8. 30 PM. On the basis of aforesaid Parcha Bayan, police registered a case for offence under sections 302, 341, 147, 148 and 149 IPC vide FIR, Ex. P. 40 and proceeded with the investigation. In the course of investigation, the police prepared the inquest report, Ex. P2, the site plan with its description, Ex. P. 16 and seized the blood stained clothes of the deceased vide memo Ex. P. 31. The negatives and photographs of the dead body are Exs. P. 3 to P. 13. The police also seized the blood stained and controlled pieces of road from the place of incident and prepared memo Ex. P. 19. Accused Dilip and Ramesh were arrested vide memos Ex. P. 20, while accused Taru, Sheru Jully and Hanuman were arrested vide memos Exs. P21a and P22, 32 and 33 respectively. Auto-rickshaw No. RJ 01/p0543 was seized from the possession of accused Hanuman @ Vikram vide seizure memo Ex. P. 24. Accused Ramesh, Sheru and Tarun furnished information under Section 27 of the Evidence Act as regards recovery of knives. Pursuant to their information, the police recovered three knives vide recovery memos Exs. P. 26, 26 and 28, respectively. The seized items were sent to the Forensic Science Laboratory for examination. The report of FSL is Ex. P. 41. Pw9 Dr. R. K. Mathur conducted autopsy on the dead body and prepared the post mortem report, Ex. P. 18. He found following injuries on the person of deceased. : 1. Incised wound on the right middle and right ring finger on the palmer aspect measuring 2 x 0. 5cm skin deep each. 2. Stitched wound 2cm in length on left thigh medially. 3. Stitched wound 3cm on left thigh laterally upper 1/2, oblique. 4. Stitched wound 3cm on left buttock, obliquely placed. 5. Stitched wound 2cm on left thigh, post lower 1/3rd. 6. Stitched wound 1cm medial to injury No. 5. 7. Stitched wound on right thigh inner side upper 1/2 part, 2cm in length.
(3.) ON dissection of wounds, the doctor noticed: Ext. Injury No. 2 is cut open, shows an stab wound 2cm x 1cm x ? on the left thigh in middle 1/3rd situated medially obliquely placed, direction is downwards and medially going up to the depth of 5cm, cutting the muscles and the femoral artery and femoral vein staining the whole track. ON dissection of injury No. 3: there is incised wound 3cm x 1cm muscle deep on left thigh laterally, obliquely placed, ON dissection of Injury No. 4: there is incised wound 3cm on left buttock, going up to the depth of 4cm cutting the muscles @ small vessels. Direction is down word medially. ON dissection of Injury No. 5: there is stab wound 2 x m x 1cm on left thigh. Post lower 1/3rd part going up to the depth of 5cm direction is downwards and medially, cutting the popliteal artery muscles and small vessels. ON dissection of Injury No. 6: Incised wound 1cm x 0. 5cm skin deep only. ON dissection of Injury No. 7: there is an incised wound on right thigh innder side upper 1/2 part 2cm x 1cm x muscle deep. In the opinion of doctor the cause of death of deceased Manoj was shock as a result of ante-mortem injuries to the major vessels of left thigh. The doctor further opinioned that injuries No. 2 and 5 collectively and individually were sufficient to cause death in the ordinary course of nature. All injuries were found to be antemortem in nature and were caused by sharp weapon freshly before the time of death. After completion of entire formalities as to the investigation, the police submitted the Charge Sheet against the accused appellants in the court of learned Additional Chief Judicial Magistrate No. 1, Ajmer. The learned Magistrate, having found the offence exclusively triable by the court of Sessions, committed the case to the court of Sessions Judge. ;