N.N.Mathur, J. - (1.) Twelve appellants namely A-1 Jahanghir Khan, A-2 Bar-kattulla, A-3 Yunus, A-4 Ayub, A-5 Jakir, A-6 Josab Khan, A-7 Manohar Khan, A-8 Lukman Khan, A-9 Saddiq Khan, A-i0 Farooz Khan, A-11 Noor Mohd. and A-12 Ibrahim Khan have preferred this appeal against the judgment of the Additional Sessions Judge No. 3, Jodhpur dated 30-11-i999 whereby they have been convicted and sentenced as under: (i) 302/149 I.P.C. Appellants A-1 to A-6 and A-8 to A-12 have been sentenced for imprisonment for life and to pay a fine of Rs. 1,000.00; in default of payment to further undergo one years simple imprisonment (ii) 307/149 I.P.C. Appellants A-1 to A-6 and A-8 to A-12 have been sentenced to seven years rigorous imprisonment and to pay a fine of Rs. 700.00; in default of payment to further undergo seven months simple imprisonment. (iii) 326/149 I.P.C. Appellants A-1 to A-6 and A-8 to A-12 have been sentenced to five years rigorous imprisonment and to pay a fine of Rs. 500.00; in default of payment to further undergo five months simple imprisonment. (iv) 325/149 I.P.C. Appellants A-1 to A-6 and A-8 to A-12 have been sentenced to three years rigorous imprisonment and to pay a fine of Rs. 300/-; in default of payment to further undergo three months simple imprisonment. (v) 148 I.P.C. Appellants A-1 to A-6 and A-8 to A-12 have been sentenced to one years rigorous imprisonment and to pay a fine of Rs. 200/-; in default of payment to further undergo two months simple imprisonment. (vi) 341 I.P.C. Appellants A-1 to A-6 and A-8 to A-12 have been ordered to pay a fine of Rs. 200/-; in default of payment to further undergo seven days simple imprisonment. (vii) 323 I.P.C. Appellants A-1 to A-6 and A-8 to A-12 have been sentenced to three months rigo-rous imprisonment and to pay a fine of Rs. 100.00; in default of payment to further undergo one months simple imprisonment. (viii) 326 I.P.C. Appellant A-7 Mano-har Khan has been sentenced to five years rigorous imprisonment and to pay a fine of Rs. 500.00; in default of payment to further undergo five months simple imprisonment. All the sentences have been ordered to run concurrently.
(2.) Briefly stated the prosecution case is that on 11/7/1998, PW-3 Ibrahim Khan lodged a written First Information Report at Police Station Bilara stating inter alia that in the morning at about 10:00 A.M. his father PW-5 Usman Khan and uncle Aladdin Khan were on way to their fields. When they reached near the field, appellants armed with deadly weapons came out from the hideous and mounted attack on them. Appellants A-2 Barkat and A-7 Manohar Khan gave lathi blows on the legs of PW-5 Usman Khan on account of which he fell down. Other accused persons inflicted injuries to Usman Khan by lathis. After causing injuries to Usman Khan, they chased Aladdin and caught-hold of him. A-12 Ibrahim Khan gave a lathi blow which struck on his legs on account of which he fell down. Thereafter A-7 Manohar Khan gave a khoot blow causing injury on the head. A-2 Barkat and A-1 Jahanghir Khan also gave lathis blows causing injuries on the hand. A-11 Noor Mohd., A-5 Jakir, A-9 Saddiq Khan, A-3 Yunus, A-6 Josab, A-b Farooq and A-7 Manohar Khan gave lathi blows causing injuries on various parts of the body. A-8 Lukman drove tractor on the legs of the Aladdin causing crush injuries. A-12 Ibrahim Khan also inflicted lathi blows on the hand. Cries attracted the neighbours namely PW-4 Hasam Khan and Mubarak Khan. All the accused persons seeing them, took their heels and escaped. Both the injured were admitted in the hospital. Aladdin died in the hospital. Police registered the case for offence under Section 302 I.P.C. and allied offences. Police inspected the site and prepared the site plan and inquest memo. Dead body was sent for post mortem. PW-8 Dr. Bheemdan Detha conducted the post mortem of the dead body of Aladdin and noticed following injuries vide Exhibit P-42: 1. Incised wound : 6 cm x 2 cm x bone deep on right occipital parietal region. On dissection, underlying bone found frac-tured with haematoma on darameter. 2. Fracture deformity with left forearm dropped. On dis Section, left radius and ulna found fractured in multiple pieces. Size of deformity swelling 8 cm x 5 cm. 3. Lacerated wound 3 cm x 1/2cm x i/2 cm left forearm. 4. Fracture deformity with leg dropped (right leg) lower 1/3rd. On dissection, right tibia fractured found in pieces and right fibula also fractured in multiple pieces. 5. Haematoma with swelling 8 cm 5 cm. left calf. 6. Haematoma with swelling 8 cm x 5 cm lateral side of left leg. 7. Cut wound 8 cm x 3 cm x 3 cm between left middle finger and index finger. Metacarpal bone left index finger found cut. 8. Haemoatoma with swelling left foot dorsal side. 9. Fracture deformity externally found 8 cm x 5 cm on right forearm middle half. On dissection right radius and ulna found fractured. 10. Bruise 10 cm x 2 cm right scapular region. 11. Bruise iO cm x 2 cm right infra-scapular. He found following bones fractured: 1. Right occipital parietal bone of skull. 2. Left radius and ulna. 3. Right radius and ulna. 4. Right tibia and fibula in multiple pieces. 5. Left metacarpal bone of index finger. 6. Right 5th and 6th ribs posteriorly. On opening the body, Doctor also found fracture of parietal bone and sub-dural haematoma in the brain. On opening the thorax, Doctor found the frac-ture of 5th and 6th ribs. In his opinion, the cause of death was shock due to multiple injuries and multiple fractures including skull. He also examined the injuries of PW-5 Usman Khan vide Injury Report Exhibit P-43 and noticed following injuries: 1. Haematoma with swelling 8 cm x 8 cm on left hand dorsal side. 2. Haematoma with swelling 10 cm x 8 cm on right forearm lower 1/3rd ventral side. 3. Cut wound 3 cm x 2 cm x 1/2 cm on right wrist joint. 4. Haematoma with swelling 8 cm x 8 cm on left knee front side. 5. Haematoma with swelling 8 cm x 8 cm on right knee front side. 6. Bruise 16 cm x 2 cm trans-versely over thoracic region across vat. Column. 7. Bruise 10 cm x 2 cm middle side of right scapular region. 8. Abrasion 2 cm x 1/2 cm on right arm. He referred the injury Nos. 1 to 7 for radiological examination. He has proved X-Ray report Exhibit P-44. On the basis of X-Ray report, he prepared the Report Exhibit P-43. He foudn the injuries No. 1 to 7 grievous in nature. Injury No. 8 was simple in nature. During the investigation police also recovered a blood stained khoot in pursuance of the information given by A-7 Manohar Khan. After usual investigation police laid charge-sheet against 12 accused persons.
(3.) Trial court framed the charges against the appellants for offence under Sections 148, 341, 323, 302/149, 307/149, 325, 325/149, 326 and 326/149 IPC. Appellants denied the charges levelled against them and claimed trial. Prosecution adduced oral and documentary evidence. Appellants in their statement under Sections 313 of the Code of Crimi-nal Procedure denied the correctness of prosecution evidence appearing against them. Appellant A-3 Yunus stated that deceased Aladdin and injured PW-5 Usman Khan along with 15-20 persons arrived on two tractors armed with deadly weapons with a view to take possession over their land. They burned their huts, hurled stones and made attempt to assault their women-folk. In defence they examined DW-1 Ram Chandra and DW-2 Bhanwar Lal. Trial court found the charges framed against the appellants proved beyond reasonable doubt. Thus, learned Judge convicted and sentenced the appellants in the manner already noticed.;