SHIV KUMAR SHARMA, J. - (1.) The four appellants in this appeal namely, Ishwar Singh, Rajendra Singh, Basti Ram and Rang Rao have challenged the judgment dated October 30, 2001 of the learned Additional Sessions Judge (Fast Track) Jhunjhunu whereby they have been convicted and sentenced as under : U/S. 302/34IPC Each to suffer Imprisonment for life and fine of Rs. 500/-. in default to further suffer six months Rigorous Imprisonment. U/S. 341 IPC Each to suffer Imprisonment for one month. U/S. 323/34 IPC Each to suffer simple Imprisonment for six months. U/S. 324/ 34IPC Each to suffer Imprisonment for one year and fine of Rs. 200/-, in default to further suffer three months Simple imprisonment. The sentences were ordered to run concurrently.
(2.) The prosecution-case as unfolded during trial is that informant Om Prakash (P,W. 3) submitted written report (Ex.P-11) to the SHO Police Station Khetri at camp Ganesh Pura on March 23, 1998 at 11.30 AM with the averments that his father Joravar Singh was killed by appellants Basti Ram, Rajendra and Ishwar Singh in front of the house of appellant Rang Rao Master. In the course of incident Hari Ram, Ram Prakash, wife of Hari Ram and Rajesh Kumar also sustained injuries. Case under Sections 302/34 and 323/341, IPC was registered and investigation commenced. Ram Prakash who was seriously Injured and was admitted to Khetri City Hospital subsequently died and dead bodies of Joravar Singh 'and Ram Prakash were subjected to autopsy. Statements of the witnesses were recorded. Site plan was drawn. Appellants were arrested. Weapons allegedly used in commission of offence got recovered at the Instance of the appellants. On completion of investigation charge sheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge (Cast Track) Jhunjuhunu. Charges under Sections 341, 302 In the alternative 302/ 34, 323 in the alternative 323/34, IPC were framed against the appellants who denied the charges and claimed trial. As many as 17 witnesses were examined by the prosecution in support of its case. In their explanation under Section 313, Cr.P.C. the appellants pleaded innocence. Ishwar Singh and Rajendra Singh stated that on March 23, 1998 at 8 AM when they were in their house and taking tea, Jora Ram and Ram Prakash armed with pharsi and axe, came to their house and started teasing the ladies. When they made attempt to intervene, they were given beating. At that time Rang Rao and Basti Ram were on duty and not present in the house. Basti Ram stated that on the date of incident he was posted as Chowkidar in the Irrigation Department Narnol. Rang Rao stated that he was not present in the house at the time of incident. He was Physical Training Instructor In the school at village Papurna and left his village Ganeshpur on March 16, 1998. The Head Master of the school on March 21, 1998 directed him not to leave Head Quarter as question papers of Board Examination were about to reach. At village Papurna he had rented a JbAuse and he used to reside in that house. On March 23, 1998 ladies came from village Ganeshpura and informed him at village Papurna that Jora Ram and Ram Prakash entered their house and had a quarrel. In support of their defence the appellants got examined five witnesses. Learned trial Judge on hearing final submission, convicted and. sentenced the appellants as indicated here in above.
(3.) The case of the prosecution rests on the testimony of Rajesh Kumar (P.W. 1), Sumer Singh (P.W. 9), Hari Ram (P.W. 10) and Kailash Devi (P.W. UK Dr. B. S. Dadarwal (P.W. 12) performed autopsy on the dead bodies- of Ram Prakash and Jorawar Singh and as per post mortem reports (Ex.P-18 and 19) found following ante mortem injuries : Ram Prakash (Ex.P-18) :- (i) Head (Scalp and skull) One Incised stitched wound size 9" long covering the area from the left ear Ibute extending upwards anterior part of left temporal bone and left parietal bone reaching upto the mind line of Head. On opening the stitched wound cutting the left temporal and left parietal bone in two-two piece of each bones cutting the under membranes (all three) size 6" and also Incised wound in left cerebral hemisphere. size 6" x 1" x 1" coming brain matter through the wound clotted blood present under the scalp membranes and fractures piece of left tempero and left parietal bone fradise and also in brain matter. (ii) One incised stitched wound on left side of chin and left mandible 4" long. On opening the stitches it is 1/2" x 1/4" (wide depth). (iii) One incised wound on left shoulder. Medial to the left shoulder joint size 2" x 1/2" x 1/4" vertical. (iv) One incised wound size 1" x 1/2" x 1/2" on lateral aspect of left arm oblique. (v) One incised wound on medial and upper part of hip region oblique 4" x 1, 1/2" x 1/2" (vi) One Abrasion 1" x 1/2" x 1/8" on medial part of Rt. clavicle bone region. (vii) One Abrasion 2" x 1/4"W x 1 /8" on dorsal aspect of Rt. fore arm. The cause of death was shock and external and internal haemorrhage due to Brain injury, injuries and fractures (left Hamisphere)." Joravar Singh (Ex.P-19) : "(i) One incised wound 1" x 1/2" x bone deep on mid part of foreheads oblique 1, 1/2" above. The root of nose.' (ii)One incised wound on Rt. Fronto Parietal region oblique size 1, 1/2" x 1/2" x bone deep. 4" above the Rt. tempero mandipular joint oblique. (iii) One incised wound. 2" x 2" bone deep on upper part of forehead covering the both frontal bone Horizontal. (iv) One .incised wound 6n occipital region, vertical size 3" x 1, 1/2" x bone deep. (iv) One incised wound 4" x W x 4" on Rt. Parieto occipital region Horizontal underlying bone Is fractures in three pieces (Rt. Parietal bone). Laceration of underlying membrances below the fractures and lacerated wound In Rt. hemisphere of brain below the fractured bone size 2" x 1/2"x 1/4" Horizontal in shape. (v) One incised wound on Rt. side of neck behind Rt. ear lobute size 4" x 2" x 3" cutting the all structures of neck (Rt. side) viz. muscles, nerves and blood vessels, Horizontal in shape. (vi) One incised wound on rt. side of face, overtng the area between the Rt. mandible angle and Rt. angle of mouth sixe 3" x 1/2" x 1/4". (vi) One incised wound between the lower Jaw and chin encircling both side of chin. Size 7" x 2, 1/2"x, 1/4" cutting the mandible between lower jaw and chin sparing the tongue. (vii) One incised wound 4" x 1/2"x 1/4" on upper part of sternum extending on both sides of sternum Horizontal. (viii) One Abrasion on Rt. hand dorsally below Rt. thumb 1" x 1/2"X 1/8". The cause of death was shock and haemorrhage due to injuries, fractures and brain injury (Rt. hemisphere)." Kailash devi (P.W. 11) also sustained injuries, which as per injury report (Ex.P-20) are as under ; " 1. Incised wound 4cm x 2cm on the web between left thumb and index finger. 2. Incised wound 4" x 2" x bone deep on Inter Parietal region vertical." As per injury report (Ex.P-21) Hari Ram (P.W. 10) received following injuries : "1. Incised wound 15 cms x 2.5 cms x 1 cm extending from behind the left ear lobute towards left marked region to the mid part of occipital bone in sagital suture line. 2. One contusion 1cm x 3cm on left side of back of chest at lower part. 3. Lacerated wound 1 cms x 0.5 cms over Rt. fore arm in mid region. 4. Lacerated wound 1 cms x 0.5 cms over ant. aspect of left ear lobute.";