Govind Mathur, J. - (1.) THESE two appeals are directed against the judgment dated 20.04.2007 passed by learned Additional Sessions Judge (Fast Track) No. 1, Bhilwara in Sessions Case No. 96/2004 (42/2003) convicting accused Devilal, Harji, Ramchandra and Nanda while acquitting accused Mrs. Sayari, Mrs. Deu and Hinduram. The conviction and sentence of the accused -appellants is as under: - In brief, the facts of the case are that on 25.07.2003 at about 11.00 p.m., a statement given by Mrs. Bhaguti (P.W.1) at Community Health Center, Aasind before the Station House Officer, Police Station Aasind was reduced in writing and on the basis of that, a criminal case was lodged against seven persons including two ladies, namely, Mrs. Sayari and Mrs. Deu. As per the statement made by Mrs. Bhaguti, she was at the residence of her brother Nanuram from last five days and on 24.07.2003, some altercations took place between her and Mrs. Sayari relating to some money transaction. Being aggrieved with these altercations and also looking to earlier vengeance, Mrs. Sayari called her brothers Harji, Ramchandra and Nanda with their 3 -4 friends and in the night at about 11.30 p.m., the persons aforesaid armed with lathis and iron rods entered in the house of Nanuram. Being frightened, Bhaguti and two daughters of Nanuram fled from the spot and availed shelter at the house of Prithviraj Balai. Nanuram also ran away to the agriculture fields, however, his old mother Mrs. Sarju remained at home, who was beaten by Devilal, Ramchandra, Nanda, Harji and their friends. In the morning of 25.07.2003 at about 8.00 a.m., Mrs. Bhaguti and the two girls, who took shelter at the house of Prithviraj Balai, returned to their house. At that time, Devilal and his wife Mrs. Sayari came there and forcibly took Mrs. Bhaguti to their house. Serious beating was given to her by Mrs. Sayari, Devilal and Mrs. Deu. Devilal and Harji at that time were carrying iron rods, whereas Nanda, Ramchandra and their friends were armed with lathis. All these persons then went in search of Nanuram and after fetching him, he was brought to the residence of Devilal and was tied to a Neem tree. He was ruthlessly beaten with the aid of lathis and iron rods. Mrs. Sayari and Mrs. Deu squeezed testicles of Nanuram, whereas other persons gave him several blows from iron rod and lathi. On making alarm, Harikishan, Bhojraj and Laxman came for rescue. At that time, Nanuram was unconscious and in the evening, he died.
(2.) ON basis of this statement, investigating agency initiated investigation, got autopsy conducted on the person of Nanuram and injury reports of Mrs. Sarju and Mrs. Bhaguti were also obtained. Accused persons were arrested and at their instance, certain recoveries were made. On basis of the disclosure made by accused Devilal an iron rod and a plastic rope was recovered. At the instance of Mrs. Deu and Mrs. Sayari, Babool sticks were recovered. Sticks were also recovered as per documents Ex. P/6 and Ex. P/7, on basis of the information given by accused Ramchandra and Nanda respectively. An iron rod was recovered as per Ex. P/8 on basis of the disclosure made by accused Harji. All these articles and the cloths of deceased were subjected to serological examination and as per the report given by the Forensic Science Laboratory (Ex. P/47), blood stains of human origin were found on the shirt and Dhoti worn by the deceased at the time of death. No blood was detected on any other article. After completion of the investigation, a report as per the provisions of Section 173 Cr.P.C. was filed and after affording hearing, accused Hinduram, Harji, Ramchandra and Nanda were charged for commission of offence punishable under Section 148, 452, 325, 325/ 149, 302, 302/ 149 and 342 IPC. Accused Devilal, Mrs. Sayari and Mrs. Deu were charged for commission of offence punishable under Section 148, 452, 325, 325/ 149, 302/ 149, 342 and 323 IPC. On denial of the same, trial commenced as desired.
(3.) THE prosecution supported its case with the aid of 32 witnesses (P.W.1 to P.W.32) and by exhibiting several documents (Ex. P/1 to Ex. P/48). As per Section 313 Cr.P.C., opportunity was given to the accused persons to explain the adverse circumstances and the incriminating material available against them in the prosecution evidence. All the accused termed the entire evidence false with assertion that they were implicated in the case due to personal vengeance. In defence, testimony of Pushkar (D.W.1), Ambalal (D.W.2) and Devilal (D.W.3) was examined and the documents Ex. D/1 to Ex. D/17 -A were exhibited. Suffice to mention here that in the prosecution evidence, P.W.1 Bhaguti, P.W.2 Sarju, P.W.3 Bhojraj, P.W.5 Dalel Singh, P.W.6 Lumbaram, P.W.9 Laxmi, P.W.10 Harikishan, P.W.16 Prem and P.W.22 Parsi were cited as eye -witnesses, but P.W.3, P.W.5, P.W.10 and P.W.16 did not support the prosecution story, thus, these witnesses were declared hostile. Nanu Kumawat (P.W.14), Mrs. Jassu (P.W.15), Prithviraj Balai (P.W.13), Laxman (P.W.12) were also cited as eye -witnesses of a part of the incident and out of these witnesses, Laxman (P.W.12) was declared hostile as he did not support the prosecution case in totality. The autopsy on the person of deceased Nanuram was conducted by a Board of two doctors, namely, Dr. Nemichand (P.W.18) and Dr. Mahendra Pratap (P.W.23). The postmortem report given is available on record as Ex. P/23. Dr. Nemichand (P.W.18) also examined the injuries of Mrs. Sarju and Mrs. Bhaguti and the injury reports given are available on record as Ex. P/19 and Ex. P/20). Mr. Suresh Dutt (P.W.29) came in the witness box being the Investigating Officer and narrated all the steps taken during the course of investigation.;