SHARMA, J. - (1.) THE learned Additional Sessions Judge, Dausa by his judgment dated 2. 9. 2002 impugned in this appeal has convicted and sentenced appellants Laxmi Narayan and Jansi as under:- Under Section 307/341 IPc to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1000/- each. In default of payment of fine to further undergo three months' Simple Imprisonment. Under Section 326/34 IPc to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- each. In default of payment of fine to further undergo two months' Simple Imprisonment. Under Section 324/34 IPc to undergo rigorous imprisonment for one year and to pay a fine of Rs. 200/- each. In default of payment of fine to further undergo one month's Simple Imprisonment. Under Section 323/34 IPc to undergo rigorous imprisonment for six months.
(2.) THE substantive sentences have been ordered to run concurrently. Against this judgment of conviction and order of sentence both the appellants have preferred the instant appeal. Briefly stated the facts giving rise to this appeal are that on the basis of written report Ex. P. 1 submitted by PW2 Dhanna Lal, an FIR No. 179/1993, Ex. P. 2 was registered at Police Station Nagal Rajawatan for offence under Sections 147, 341, 323 and 379 against 17 accused persons named therein. In the written report, complainant Dhanna Lal alleged that on 12. 8. 1993 at about 1. 00 P. M. he and his brothers Kalyan Sahai, Bhagwan Sahai, Seeta Ram, his sister-in-law (Bhabhi) Kali and father Sunder Lal were returning to the house after doing agricultural work in the field of groundnut. While on way they found Laxmi Narayan, Janshi, Kalyan Sahai, Chittar Mal son of Panchu Ram Meena, Lalu Ram and Badri Narayan sons of Janshi, Shambhu Dayal, and Kailash Chand sons of Nanag Ram, Mool Chand S/o Rughnath, Nathi W/o Nanga, Ram Bharosi W/o Ramji Lal, Somoti W/o Prabhu Narayan, Meda W/o Kalyan, Ladi W/o Jagdish, Kali W/o Lalu Ram, Siyali W/o Chittarmal and Choti wife of Mool Chand, all Meena by caste, residents of Dhani Bandola coming in four tractors having lathis and axe in their hands. According to the complainant, all the above named persons were coming with intent to plough their field known as `kalal-Bala'. He further alleged that when they tried to prevent them from doing so, they stopped tractor, opened attack and assaulted him, his brother Kalyan Sahai, Bhagwan Sahai, Sita Ram, sister-in-law Kali and father Sundar Lal with their respective weapons. According to the complainant, accused Lala inflicted one lathi blow on his back and having afraid of, he went ahead. Kalyan Sahai took out Rs. 6000/- from the pocket of Laxmi Narayan. It was then alleged by the complainant that whole of his family members sustained injuries in the incident. On hearing their cries, Ramji Lal Pujari and Kishan Lal Meena came there and with great difficulty they managed to save them. It was mentioned that had Ramji Lal and Kishan Lal not intervened, the accused would have caused more sever injuries. During investigation, site plan of the place of incident was drawn, injured persons Bhagwan Sahai, Smt. Kali, Sunder Lal, Sita Ram etc. were examined for their injuries, X-rays of the injuries of injured Bhagwan Sahai and Kalyan Sahai were got done in SMS Hospital, Jaipur, the accused persons were arrested, on the basis of the information furnished by the accused persons, weapons of the offence were recovered, the documents regarding ownership and possession of the land in dispute were collected, statements of the witnesses were recorded under Section 161 Cr. P. C. and after completion of investigation, a charge sheet was submitted before the AMJM, Dausa, who in turn committed the case to the Court of Sessions for trial. On the basis of material and evidence collected during investigation, the learned Trial Court framed charge against as many as 8 accused persons including the appellants for offence under Sections 147, 148, 323, 341, 447, 324, 324/149, 326, 326/149, 325, 323/149, 307 and 307/149 IPC, who denied the charges and claimed trial.
(3.) THE prosecution in order to prove its case examined as many as 12 witnesses and got exhibited numerous documents. In their explanation under Section 313 Cr. P. C. the appellants and co- accused pleaded that while they were working in their field, Kalyan, Sita Ram, Bhagwan Sahai, Dhanna, Soni, Kali and Teeja entered their field forcibly and assaulted them and as a consequence thereof, six persons from their side sustained injuries for which they also lodged FIR. In defence, three witnesses namely; DW. 1 Ram Singh, DW. 2 Dr. Kailash Narayan Gupta and DW. 3 Badri Narayan were examined and 17 documents were produced on record. At the conclusion of trial and hearing arguments of both sides, the learned Trial Court did not find the charges established against 6 co-accused persons and accordingly acquitted them of the charges. However, the learned Trial Court found the charges under Sections 307, 326, 324 and 323 read with Sec. 34 IPC established against the appellants and accordingly, convicted and sentenced them in the manner stated here-in-above. Hence the present appeal against conviction. Before adverting to the merits of the case, I am at pains to observe that the trial Judge who conducted trial and delivered the impugned judgment has, in the beginning of judgment, narrated the facts contained in the report lodged by complainant Dhanna Lal. Having mentioned the facts, the trial Judge referred the arguments advanced by both the sides and the case laws cited by them. Thereafter the trial Judge proceeded to note the statements of prosecution witnesses and the defence witnesses and then immediately jumped to the conclusion that appellants Jansi and Laxmi Narayan in furtherance of their common intention inflicted injuries on the persons of Kalyan Sahai and Bhagwan Sahai and the injury on the head of Kalyan Sahai was endangering to life and that injury on the person of Bhagwan Sahai was grevious in nature and accordingly convicted the appellants for offence under Sections 307, 326, 324 and 323 IPC read with Section 34 IPC. Surprising enough, while arriving at the conclusion of guilt against the appellants, the Trial Court neighter thought it advisable to analyse the evidence nor bothered to consider the arguments and the authorities cited by the either side. The impugned judgment does not contain any point for determination, the decision thereon and the reasons for the decision. What the trial Judge has concluded is `that as per the prosecution case Jansi and Laxmi Narayan were armed with axe and there is no evidence on record that they inflicted any injury by blunt weapon'. It appears that none of the accused was convicted for offence under Section 323 IPC (other co-accused have been acquitted of the charges, but still they have been convicted under Section 323 read with Section 34 IPC. Surprisingly enough, they have also been convicted for offence under Sections 307 and 326 read with Section 34 IPC for the same injury. Once the appellants have been held guilty for offence under Section 307/34 IPC for causing a particular injury, there could be no justification whatsoever to convict them for offence under Section 324/34 IPC for the same injury. ;