BISHNOI, J. - (1.) THESE three appeals have been filed by the three appellants Than Singh, Gulab Singh and Ramesh against a judgment dated 23. 9. 2000 by the learned Additional Sessions Judge, Bali, whereby, all the three have been found guilty for the offences punishable under Sec. 302, 302/34 and 341/34 of the IPC.
(2.) THE F. I. R. Ex. P/19 was lodged by PW 5 Bachchan Singh on 26. 6. 98 at 6. 15 PM at police station, `nana'. According to the F. I. R. , the deceased Mangal Singh (brother of PW 5 Bachchan Singh) on 26. 6. 98 had left his village veerampur for going to village `nana' at 4. 00 PM with PW 17 Mahendra Singh in connection with some domestic work on a motor-cycle. At 5. 30 PM on that day, Mahendra Singh returned to village Veerampur and informed Bachchan Singh that after purchasing some material in village Nana, he along with Mangal Singh was returning to Veerampur on a motor cycle. Near cremation ground of village Nana, on the bank of river `jawai', the appellant Than Singh was found standing with a `dhariya' blocking their path. When the motor-cycle was stopped by Mangal Singh, the other two appellants Gulab Singh with a `kulhari' and Ramesh with a `lathi' came near the motor- cycle. Mangal Singh enquired from them as to what was the matter. THEreupon, the appellant Than Singh told him that inspite of many attempts, he could not be killed and today they were determined to murder him. THEreafter an injury by `dhariya' was inflicted. PW 17 Mahendra Singh attempted to save Mangal Singh, whereupon, the appellants allegedly said that he should also be killed, whereupon Mahendra Singh took to his heels. THE three appellants started to inflict injuries to Mangal Singh with the said weapons and Mahendra Singh returned to village Veerampur to tell the story to Bachchan Singh. THEreafter, Bachchan Singh along with Jaisa Ram proceeded on a motor cycle to the place of occurrence and saw the three assailants running away. THE dead-body of Mangal Singh was found on the spot and the motor cycle was also lying nearby. Further it was stated that some 4-4. 1/2 months prior to the incident, the appellant Than Singh was involved in a case of ``maar Peet'' with the deceased and the cases were registered and on account of that enmity, Mangal Singh was murdered. A case under Sec. 302/34 of the IPC was registered and ultimately, challan was filed for the offences punishable under Sec. 302 and 304/34 of the IPC. Charges were framed for the offences punishable under Sec. 302, 302/34 and 341 of the IPC. All the three appellants pleaded not guilty. Seventeen prosecution witnesses were examined by the prosecution and the appellant Than Singh examined himself as DW 1. THEreafter arguments were heard and the judgment was delivered on 23. 9. 2000. THE three appellants were found guilty for all the offences for which they were charged. For the offence under Sec. 341/34 of the IPC, simple imprisonment for six months has been awarded. For the offence under Sec. 302 and 302/34 of the IPC, life imprisonment with a fine of Rs. 2000/- has been ordered. On account of non- payment of fine, simple imprisonment for six months has been ordered. D. B. Criminal Appeal No. 576/2000 has been filed by Than Singh. D. B. Criminal Appeal No. 577/2000 has been filed by Gulab Singh and D. B. Criminal Appeal No. 588/2000 has been filed by the accused Ramesh. We have heard the learned counsel for the appellants as well as the learned Public Prosecutor for the State and have perused the record of the learned Trial Court. According to the F. I. R. Ex. P/19, PW 17 Mahendra Singh alone was the eye-witness of the occurrence. However, during trial, PW 9 Mitha Ram and PW 11 Vaja Ram have also been introduced as eye- witnesses. PW 9 Mitha Ram has stated that he along with Vaja Ram was returning to Veerampur from Nana when the motor cycle carrying the deceased and Mangal Singh over took them. As soon as the motor cycle reached the river bank, Than Singh who was armed with a sword, blocked the way and the two other appellants, who were hiding in a nearby ``khud'' came out. Than Singh inflicted injury to the head of the deceased Mangal Singh by the sword. Thereafter Mangal Singh started to run towards the village Nana and was chased upto some distance by the appellants. While chasing, all the three appellants attacked the deceased with the weapons which they were weilding, as a result of which, Mangal singh fell down and the three started to cause injuries to him. Mitha Ram and Vaja Ram raised hue and cry, upon which, the three assailants took to their heels along with their weapons. Mitha Ram and Vaja Ram approached the injured who made gesture from his hand for water and died instantaneously. Thereafter according to the witness PW 5 Bachchan Singh and PW 7 Jaisa Ram came on the spot on a motor cycle. PW 11 Vaja Ram, however, denied the entire story and denied that he along with Mitha Ram was a witness to any such incident. He was declared a hostile witness. Pw 17 Mahendra Singh has stated that after accomplishing the work at village Nana, he was returning to village Veerampur on the motor cycle with Mangal Singh. He further stated that Mitha Ram met them near the liquor shop and when they reached the river bank, the appellant Than Singh appeared with a sword. Seeing this, Mahendra Singh left the motor cycle and took to his heels towards village Nana. However, Than Singh inflicted injury by the sword to the head of Mangal Singh and seeing this, he (Mahendra Singh) ran towards village Veerampur. The witness denied that he saw the other accused Gulab Singh and Ramesh on the place of occurrence and was declared hostile. He has stated that he reached the house of the deceased and informed Pw 5 Bachchan Singh, the son (Pw 6 Vikram) and the widow (Pw 4 Ratan Kanwar) of the deceased regarding the incident. Pw 3 Jabbar Singh, Pw 7 Jaisa Ram and Pw 8 Amar Singh have deposed about the recoveries of the weapons of offence at the instance of three accused- persons. Pw 4 Ratan Kanwar and Pw 6 Vikram, who were widow and son of the deceased have stated that Mahendra Singh informed them about the incident, whereupon, Pw 6 Vikram proceeded towards the place of occurrence. Pw 5 Bachchan Singh and Pw 7 Jaisa Ram have both deposed that after learning about the incident from Mahendra Singh, they both reached the place of occurrence on a motor cycle and they saw the three appellants running away with weapons of offence in their hands. They both further stated that Mitha Ram and Vaja Ram were found persent near the dead-body. Pw 13 Dr. Mahendra Kumar Dabi has stated that on 27. 6. 98, he was posted as Medical Officer at Primary Health Center, Bhimana and performed the Autopsy in respect of the dead-body of Mangal Singh. He has stated that the following ante-mortem injuries were found on the person of the deceased, which he recorded in the post-mortem report Ex. P/25 :- 1. Incised wound-size 9 x 2 cm x bone deep, associated with tear of right ear pinna at middle part of size 2 cm x 1 cm. Injury located on right half of skull. Postero-laterally at the level of right ear pinna (middle ). 2 Incised wound-size 4 cm x 1 cm, skin deep, located on right half of skull postero-superiorly. 3.Incised wound-size 7 cm x 1 cm, skin deep located about 1 cm posterior to injury No. 2. 4. Incised wound-size 15 cm x 3 cm, deeper upto brain, underlying injury fracture of left parietal bone present, associated with underlying brain tissue destruction which is coming out through fractured bone. Location-injury is located on left half of skull antero-laterally. 5. Incised wound-size 17 cm x 3 cm x 3 cm deep, located on left half of skull antero-laterally over left frontal and left parietal region, about 2 cm below injury No. 4 underlying injury fracture of skull bone (left half of frontal and left parietal bone) associated with destruction of underlying bone tissue. 6.Incised wound-size 9 cm x 1 cm x muscle deep located on left antero-lateral aspect of face at the level of lower part of nose. 7.Lacerated wound-size 2 cm x 1 cm x subcutaneous deep located on left side of face near to middle part of left ear pinna. 8 Lacerated wound-size 5 cm x 1/2 cm x skin deep, located on extensor aspect of upper 1/3rd of left fore-arm 9. Incised wound-9 cm x 2 cm x 3 cm size, located on posterior aspect of left shoulder. 10. Abrasion-size 4 cm x 1/4 cm located on anterior aspect of left shoulder. 11. Abrasion-size 3 cm x 1/4 cm located on anterior aspect of left shoulder joint about 7 cm above injury No. 10. 12. Abrasion-size 4 cm x 1/4 cm located on antero-lateral aspect of upper 1/3rd of left fore-arm. 13. Lacerated wound-size 7 cm x 5 cm x skin deep, located on extensor aspect of middle 1/3rd of left fore-arm. 14. Abrasion-size 8 cm x 1/10 cm about 3 cm lateral to injury No. 9. 15. Abrasion-size 2 cm x 1/2 cm located on anterior aspect of upper 1/3rd of left thigh. 16. Incised wound-size 5. 1/2 cm x 1 cm x skin deep located on anterior aspect of middle 1/3rd of left leg. 17. Abrasion-2 cm x 1/10 cm located on antero-medial aspect of left knee. 18. Abrasion-2 cm x 1/4 cm located on antero-lateral aspect of left knee. 19. Abrasion-2 cm x 1 cm size, just above injury No. 16. 20. Lacerated wound-size 4 cm x 1 cm x subcutaneous deep located on anterior aspect of middle 1/3rd of right left. 21. Lacerated wound-size 6 cm x 1 cm x subcutaneous deep located about 5 cm below injury No. 20. 22. Lacerated wound-size 1 cm x 1 cm x skin deep, located about 4 cm below injury No. 21. 23. Bruise-size 8. 1/2 cm x 1 cm located on right half of chest on mid-clavicular line, about 12 cm below from right nipple. 24. Lacerated wound-size 1. 1/4 cm x 1. 1/4cm x bone deep located on distal end of proximal phalanx of index finger of right hand, stained with clotted blood and bone of proximal phalanx is visible. Middle and distal phalanx of index finger is missing.
(3.) ACCORDING to Dr. Dabi, the cause of death in his opinion was shock due to severe external haemorrhage following various multiple injuries over head and underlying brain tissue destruction. The contention of the learned counsel for the appellants is to the effect that it was a blind murder without any one to witness the same and the three appellants have been implicated falsely by the S. H. O. Police-Station, Nana PW 12 Amolak Chand. It is submitted that the original F. I. R. Which was lodged first in point of time at the police-station by PW 7 Jaisa Ram and PW 9 Mitha Ram was changed by the said Amolak Chand and the F. I. R. Ex. P/19, which was actually not lodged by PW 5 Bachchan Singh at the police station, Nana but was got written by Amolak Chand (PW 12) when he visited the place of occurrence pursuant to the earlier report lodged by Jaisa Ram and Mitha Ram. Still PW 12 Amolak Chand was not satisfied and later introduced PW 9 Mitha Ram and PW 11 Vaja Ram as eye-witnesses as if they were present at the place of occurrence and saw the incident from beginning to the end. Upon receiving the information about the incident in village Veerampur by PW 17 Mahendra Singh PW 5 Bachchan Singh and PW 7 Jaisa Ram proceeded to the place of occurrence and strangely enough, were able to see all the three appellants with their weapons in the vicinity of the crime as if the assailants waited for these two witnesses to come and see them there. It is contended by the learned counsel for the appellants that the incident occurred not near village Veerampur but at the cremation ground of village Nana and PW 17 Mahendra Singh allegedly went on foot from the place of occurrence to village Veerampur and subsequent to that, Bachchan Singh and Jaisa Ram proceeded from Veerampur to village Nana. According to the learned counsel, 24 injuries found on the person of the deceased could be inflicted by the three appellants in a couple of minutes and simply it is unbelievable that after inflicting the injuries, the three would wait for the arrival of these witnesses for such a long time. The learned Public Prosecutor, on the other hand, argued that though PW 17 Mahendra Singh has turned hostile and has implicated the appellant Than Singh only, there is no reason to disbelieve the deposition of PW 9 Mitha Ram who has narrated the incident implicating all the three appellants. ;