BANSAL, J. - (1.) THIS appeal is directed against the judgment dated February 20, 1998 passed by learned Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Cases cum Additional Sessions Judge, Alwar whereby the appellants were convicted and sentenced as under:- Appellant Mahendra Singh u/s. 148 IPc R. I. for six months. u/s. 302 IPc imprisonment for life and a fine of Rs. 1,000/-, in default of payment of fine to further suffer two months' R. I. u/s. 307/149 IPc R. I. for 5 years and a fine of Rs. 500/-, in default to further suffer one month's R. I. u/s. 325/149 IPc R. I. for one year and a fine of Rs. 200/-, in default to further suffer R. I. for 15 days. u/s. 325/149 IPc R. I. for three month. Appellant Bhupendra Singh u/s. 148 IPc R. I. for six months. u/s. 302/149 IPc Imprisonment for life and a fine of Rs. 1000/-, in default to further suffer R. I. for two month. u/s. 307 IPc R. I. for 5 years and a fine of Rs. 500/-, in default of payment of fine to further suffer R. I. for one month. u/s. 325/149 IPc R. I. for one year and a fine of Rs. 200/-, in default to further suffer R. I. for 15 days. u/s. 323/149 IPc R. I. for three months. u/s. 3/25 Arms Act R. I. for one year and a fine of Rs. 500/-, in default to further suffer R. I. for one month. Appellants Amar Singh, Battu and Narveer Singh @ Dholya each u/s. 147 IPc R. I. for four months. u/s. 302/149 IPc Imprisonment for life and a fine of Rs. 1000/-, in default to further suffer R. I. for two months. u/s. 307/149 IPc R. I. for 5 years and a fine of Rs. 500/-, in default of payment of fine to further suffer R. I. for one month. u/s. 325/149 IPc R. I. for one year and a fine of Rs. 200/-, in default to further suffer R. I. for 15 days. u/s. 323 IPc R. I. for three months. Appellants Sardar, Prabhu and Yogendra Singh each u/s. 147 IPc R. I. for four months. u/s. 302/149 IPc Imprisonment for life and a fine of Rs. 1000/- in default to further suffer R. I. for two months. u/s. 307/149 IPc R. I. for 5 years and a fine of Rs. 500/-, in default of payment of fine to further suffer R. I. for one month. u/s. 325/149 IPc R. I. for one year and a fine of Rs. 200/-, in default to further suffer R. I. for 15 days. u/s. 323/149 IPc R. I. for three months.
(2.) ALL the substantive sentences were ordered to run concurrently. Briefly stated the facts of the prosecution case are that on October 27, 1994 at 11. 00 A. M. PW3 Kishore S/o Buddharam, by caste-Meena, R/o- Cheemapura submitted a written report Ex. P10 at Police Station Reni (District Alwar) with the averments that today at 8:00 A. M. he was keeping watch in his field. In nearby fields Moharpal, Gordhan and Babulal were working. At that time Mahendra Singh, Yogendra Singh S/o mahendra Singh, Bhupendra S/o Mahendra Singh, Amarji S/o Bhanwar Singh, Dholya S/o Amarji, Prabhu Meena, Sardar Meena and Battu Meena (all appellants) came in a jeep. On reaching at his field Mahendra Singh, who was armed with a double-barrel gun fired a shot at him but instead of he Moharpal sustained injuries and he died at the spot. Rameshwar Meena R/o village Buchpuri, gordhan and Babulal also sustained gun shot injuries. Bhupendra Singh was holding a Katta (country made pistol) and the remaining accused were armed with lathies and `barchi'. The incident was also witnessed by Jagan Singh and Gangal Singh. Dead body of his brother Moharpal is lying on the spot. On the basis of the written report Ex. P10, SHO, P. S. Reni registered a case under Sections 302, 307, 147, 148, 149 IPC and Section 3 of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and investigation commenced. Formal FIR is Ex. P11. It would be pertinent to mention here that at the time of submission of written report Ex. P10. It was also stated by Kishori that during occurrence Ramdayal and Rajpal also sustained injuries. Heeralal S/o Madan and Ramesh S/o Prasadi, by caste- Meena, R/o-Khadagpur also were present in their fields when the incident took place. PW 15 Pabudan Singh, the Investigating Officer reached on the spot and prepared Inquest Report Ex. P16. Site Plan Ex. P12 was drawn. He seized and sealed blood smeared soil and control soil vide Seizure Memo Ex. P13. One empty cartridge, one live 12 bore cartridge and some wads/wad pieces were seized and sealed from the spot vide Seizure Memo Ex. P15. Tractor belonging to Mahendra Singh was also seized which was found on the spot vide Seizure Memo Ex. P17. Rameshwar (PW11), Goverdhan @ Gordhan (PW5), Ramdayal (PW12), Rajpal (PW4) and Moolchand @ Babulal (PW10) were medically examined by PW1 Dr. Harimohan Tiwari, medical Officer-in-Charge, C. H. C. , Reni and he prepared Injury Report Ex. P3, Ex. P4, Ex. 5, Ex. P6 and Ex. P7 respectively. Autopsy on the dead body of Moharpal was conducted by PW 1 Dr. Harimohan Tiwari on the spot at 3:35 P. M. on the same day and he prepared Post-mortem Report Ex. P1. `dhoti' and `baniyan' which the deceased was wearing at the time of the incident was also seized and sealed vide Seizure Memo Ex. P29. The statements of the witnesses were recorded under Section 161 Cr. P. C. On X-ray it was also found that there was a fracture of right fronto parietal bone of Rameshwar. His X-ray Report is Ex. P2. The appellants were arrested. On the disclosure statement Ex. P36 of appellant Bhupendra Singh, one 12 bore country made pistol (Katta) was recovered from his house at his instance. The I. O. sealed it and prepared Recovery Memo Ex. P21. On the disclosure statements of appellants Yogendra Singh, Narveer Singh @ Dholya and Battu, lathies were recovered. On the disclosure statement of appellant Sardar, one `dhariya' was recovered. One 12 bore K. F. Special Cartridge case, seven wads/wad pieces, one 12 bore country made pistol and six lead pellets were sent to State Forensic Science Laboratory, Jaipur for examination. As per report Ex. P47 of S. F. S. L. , country made pistol was found serviceable but it was also opined that the possibility of tampering of firing pin of it could not be ruled out. It had been fired but definite time of its last fire could not be ascertained. 12 bore cartridge had been fired form that pistol and six lead pellets are normally used in 12 bore ammunition. These pellets could have been fired from 12 bore country made pistol. Prosecution sanction Ex. P48 against appellants Bhupendra Singh was obtained from the District Magistrate, Alwar. On completion of investigation, charge-sheet was laid against the appellants in the Court of Judicial Magistrate, Rajgarh who committed the case to the Court of learned Special Judge cum Additional Sessions Judge, Alwar. Learned Special Judge framed charges under Sections 323, 323/149, 325/149, 302, 307, 307/149 IPC, 3/25 of Arms Act and 3 (1) (v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act against appellant Mahendra Singh, under Sections 148, 323, 323/149, 325/149, 302/149, 307, 307/149 IPC, 3/25 of Arms Act and 3 (1) (v) of SC/st (Prevention of Atrocities) Act against appellant Bhupendra Singh, under Sections 148, 323, 323/149, 325, 325/149, 302/149, 307/149 against appellants Sardar, Prabhu, Amarsingh and Battu and under Section 147, 323, 323/149, 325/149, 302/149, 307/149 IPC, 3 (1) (v) of SC/st (Prevention of Atrocities) Act against appellants Yogendra Singh and Narveer Singh. The appellant pleaded not guilty and claimed to be tried. In order to prove the charges the prosecution examined as many as 15 witnesses. In their statements recorded under Section 313 Cr. P. C. , the appellant claimed innocence and stated that they were falsely implicated in the case. In defence the appellants examined DW 1 Govind Prasad Patwari and DW 2 Surendra Singh and produced some documents. Learned trial Judge after hearing learned counsel for the accused-appellants and learned Public Prosecutor, convicted and sentenced the appellants as indicated here-in-above. The appellants have been acquitted of the remaining charges.
(3.) WE have heard learned counsel for the appellants, learned Public Prosecutor and have also perused the material on record. The prosecution case rests upon the medical evidence of PW1 Dr. Harimohan Tiwari and ocular testimony of PW 3 Kishori, PW Rajpal, PW 5 Gordhan @ Goverdhan), PW 6 Heeralal, PW 10 Babulal @ Moolchand, PW 11 Rameshwar, PW 12 Ramdayal and PW 14 Ramesh. PW 1 Dr. Harimohan Tiwari stated that on 27. 10. 94 he was posted as Medical Officer-in-Charge, C. H. C. , Reni. On that day he reached on the spot at 3:35 P. M. at police request and conducted post- mortem examination on the dead body of Moharpal S/o Buddharam, aged 45 years, by caste-Meena, R/o- Cheemapura and found following injuries on his person:- EXTERNAL INJURIEs (1) Gun shot sound entrance 1cm. x1cm. on dorsal aspect of right hand in between base of ring and middle finger. Margins are blackened. exit would 1. 5 cm. x 1. 3 cm. on parietal aspect of right hand in between base of ring and middle finger. Distance between entrance and exit would are 3. 0 cm. (2) Gun shot would 0. 8 cm x 0. 8 cm. at upper part of right thigh just below mid of groin region. Depth 7. 3 cm. directed upward and backward. Back staining present all around this entrance wound. Clotted blood present. (3) Gun shot would 0. 8 cm x 0. 8 cm. on right thigh below 4. 0 cm. to above injury No. 2. Depth 6. 4 cm. directed backward and medially. Black staining present all around this entrance wound. clotted blood present. (4) Gun shot wound 0. 8 cm x 0. 8 cm. on upper part of left thing below groin region. Depth 8. 7 cm. directed backward and medically. All around the entrance would, black staining present. Clotted blood present. (5) Gun shot would 1. 1 cm x 0. 9 cm. at right iliac region, margin are blackened. On insertion of probe directed downward and medially in abdominal wall to abdominal cavity. (6) Gun shot wound 1 cm x 0. 9 cm. size present, 5 cm. above to wound No. 5. Margins are blackened. On probe insertion directed backward and upward passing from abdominal wall to abdominal cavity. (7) Gun shot wound 1 cm x 0. 9. near right side of umbilicus. Margins are black stained. On probe insertion directed backward and medially passing abdominal wall to abdominal cavity. (8) Black multiple shooting marks of different size (0. 2 cm x 0. 2 cm to 0. 4 cm x 04. cm.) all over abdomen and both thigh. INTERNAL INJURIEs (1) Paritoneum-Lacerated would at the site of entrance of gun shot. abdominal cavity was full of clotted blood. (2) Small intestines-lacerated wound 2. 3 cm. x 1. 5 cm. piercing through and through/ (3) large intestines-There were two lacerated wounds. (4) Abdominal Aorta-Abdominal Aorta Dr. Tiwari further stated that he found three pellets in abdomen, one pellet in left thigh and two pellets in right thigh which were taken out and handed over to police. He also stated that in his opinion that cause of death was shock and haemorrhage as a result of gun shot injuries on vital part of abdomen. All the injuries were ante-mortem in nature. Duration of injuries was within 6 to 12 hours. He prepared Post-mortem Report Ex. P1. ;