SHARMA, J. - (1.) THE appellants herein along with other seven accused were put up for trial before the Additional Sessions Judge, Hindaun City. THE Trial Court by its judgment dated 17. 7. 1999 in Sessions Case No. 13/1994 convicted accused appellants Kishna, Ram Khiladi and Mota under S. 302/34 IPC and sentenced them to undergo imprisonment for life and fine of Rs. 500/- each, and in default of payment of fine further three months rigorous imprisonment.
(2.) IN a nutshell the prosecution story is that on 29. 8. 1993 at 8. 30 p. m. , a `parcha bayan'-Exhibit P1 of Babulal, injured, was recorded in the Govt. Hospital Todabhim, to the effect that at about 5. 00 pm his cousin Chouthi was returning after grazing cattle and when he reached near the agricultural field of Kishna Meena on National Highway No. 11 accused Kishna, Ram Khiladi, Mota along with other accused persons, armed with deadly weapons came and started beating Chauthi. On hearing hue and cry, Prabhu, Narain, Badri, Prasadi, Ghamman, Kailash, Sitaram, Manki and he himself rushed to the spot. They were also beaten by the accused persons, as a result thereof Prabhu sustained serious injuries inflicted by `dhariya' and `gandasi'. On the said `parcha bayan', FIR No. 203/1993 was registered under Ss. 147, 148, 307, 323, and 379 in Police Station Todabhim and investigation commenced. During the investigation, injured Prabhu succumbed to his injuries. On completion of investigation, chargesheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge, Hindaun City. Charges under S. 148, 302/149, 325/149, 323/149 and 323 IPC were framed against the accused persons, who denied the charges and claimed trial. The prosecution, in support of its case, examined as many as 23 witnesses. Statements under S. 313 Cr. P. C. were recorded wherein accused denied the prosecution case. Further explanation was given that Chauthi left cows and buffaloes in their field who damaged the crop. On this some hot words were exchanged and also abusive words hurled by Chauthi on Kamla. On hearing this, Natholi son of Kamla slapped Chauthi out of annoyance. IN the evening, members of the complainant party-Babulal, Ram Singh, Sitaram, Sheoji, Chauthi etc. came to the house of the accused persons, armed with weapons and started beating them causing simple and serious injuries. In defence, two witnesses Dr. Dashrath Singh Rajawat, DW1, and Dr. Hari Mohan, DW2, were examined. After hearing the final submissions, learned Judge convicted and sentenced the appellants as indicated hereinabove and acquitted co-accused persons namely Chiranji, Natholi, Smt. Rama, Girraj and Smt. Kamla. We have heard the submissions and have carefully gone through the evidence adduced at the trial. It has been contended by the learned senior counsel for the appellants that according to prosecution case, scuffle started between accused party and Chauthi and thereafter on hearing hue and cry deceased Prabhu and others came to his rescue and in this duration some injuries might have been received by Prabhu, as such the deceased was an intervenor and it is clear that there was no intention or motive of appellants to kill Prabhu. It was further contended that accused appellants Ram Khiladi and Mota, along with nine others, also sustained grievous and simple injuries. Learned trail judge also found that it was a case of free fight, occurred on the spur of the moment without there being any motive of causing death to Prabhu. Thus, the case does not travel beyond S. 304 Part II IPC.
(3.) ON the other hand learned Public Prosecutor supported the impugned judgment and urged that prosecution has been able to prove that accused appellants inflicted several injuries and on account of these injuries deceased Prabhu succumbed. Thus the conviction recorded by the Trial Court does not require any interference. We have considered the rival submissions and carefully scanned the material on record. To appreciate the above submissions, it would be appropriate to first analyse the medical evidence. After the incident, which took place on 29. 8. 1993, deceased Prabhu was brought to Jaipur and while he was admitted in SMS hospital, Dr. Sheetal Jain, PW21, on 30. 8. 1993 examined his injuries, which were as below:- " 1. Stiched wound 5 cm in length having 5 stitches placed of left eye brow --Simple/kind of weapon could not be ascertained 2. Stiched wound 4 cm in length having 4 stitches placed on rt. side parietal region OR/xray-Blunt 3. Bleeding from both nostrils present OR/xray-Blunt 4. Bleeding from Rt. ear present OR/op. notes-Blunt 5. Left leg & foot found under Pressure Bendage OR/op. note- Kind of weapon could not be ascertained" ;