SHARMA, J. - (1.) THE appellants, four in number, faced trial in Sessions Case No. 108/2001 before the learned Additional Sessions Judge (Fast Track) Gangapur City (for short `trial judge') who vide Judgment dated October 22, 2002 convicted and sentenced the appellants as under:- Shiv Charan, Kedar, Nehru and Bhoriya: U/s. 302/149 IPC: Each to suffer life imprisonment and fine of Rs. 2000/-, in default to further suffer six months simple imprisonment. U/s. 148 IPC: Each to suffer rigorous imprisonment three years and fine of Rs. 500/-, in default to further suffer three months simple imprisonment. Substantive sentences were directed to run concurrently.
(2.) THE prosecution case is that the informant Batti Lal (PW. 1) submitted a written report (Ex-P-1) at the Police Station Bamanwas on August 28, 2000 to the effect that around 9. 00 AM on the said day while his brother Prahlad (now deceased) was grazing buffaloes, the appellants along with one Mahesh belaboured Prahlad and inflicted injuries on his person with lathis. Mahesh gave blow on the head of Prahlad whereas the appellants inflicted lathi blows. Kedar pushed Prahlad under the Tractor. Prahlad was taken to local hospital from where he was referred to Jaipur but on the way to Jaipur he died. On the basis of said report a case under Sections 147, 148, 149 and 302 IPC was registered and investigation commenced. Autopsy on the dead body was performed, appellants were arrested, necessary memos were drawn and on completion of investigation charge sheet was filed against the appellants and investigation against Mahesh was kept pending since he was absconding. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Tract) Gangapur City. Charges under Sections 148 and 302/149 IPC were framed against the appellants who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 15 witnesses. In the explanation under Section 313 Cr. P. C. , the accused claimed innocence and examined one witness in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above. We have heard rival submissions and carefully scanned the material on record. Death of Prahlad was undeniably homicidal in nature. As per post mortem report (Ex. P-14) following ante mortem injuries were sustained by Prahlad:- " Lacerated wound 3" x 1/2" x bone deep. Mid of scalp (1) Abrasion 1/2" x 1/2 on front of Rt. ear. (2) Contusion 2" x 1/2" (Rt.) wrist joint of both bone. (3) = = (Rt.) Parieto bone. (4) Multiple linear abrasion on the left lower limb. The cause of death of was polvolcocive shock due to injury to scalp leading to brain haemmorhage. At this juncture it will be appropriate to notice the injuries sustained by appellants Shiv Charan and Kedar, which are as under:- Shiv Charan vide injury report (Ex. D-4a) sustained following injuries:- " 1. Abrasion with swelling on Lt. hand dorsal aspect of palms at 1cm below junction of little finger. 1/2 cm x 1/2cm abrasion 3 cm x 2 cm swelling. 2. Abrasion with swelling of Rt. side parietal region of skull. 1/2 cm x 1/2 cm abrasion 3 cm x 2 cm swelling. 3. C/o pain whole back within injury. " Kedar vide injury report (Ex. D5a) sustained following injuries:- " 1. Lacerated wound on Rt. parietal region on skull, scalp deep soft clotted blood. 5 cm x 1/2 cm 2. Lacerated wound on center of skull soft clotted blood. 4 cm x 1/2 cm scalp deep 3. C/o pain Lt. parietal region with swelling 2cm x 2cm 4. C/o pain Rt. arm. " The prosecution case rests on the evidence of Mahendra Singh (PW. 2), Gopal (PW. 4), Laxmi Chand (PW. 5) and Phool Chand (PW. 7), who claimed to have seen the incident.
(3.) MAHENDRA Singh (PW. 2) deposed that while Prahlad was grazing buffaloes in the morning Mahesh armed with iron rod and the appellants with lathis came over there, Mahesh inflicted blow with iron rod on the head of Prahlad and Shiv Charan gave lathi blow on the left side of face. Nehru then pushed Prahlad with tractor thereafter all the assailants fled. Prahlad was then removed to Hospital but on the way to Jaipur he died. This witness was declared hostile. In his cross examination he admitted that Prahlad was his cousin. Laxmi Chand (PW. 5) and Phool Chand (PW. 7) in their deposition stated that while Prahlad was grazing buffaloes four appellants along with Mahesh arrived. Mahesh was having iron rod whereas others were having lathis. Mahesh gave blow with iron rod on the head of Prahlad and the appellants inflicted injuries with lathis. On the intervention of the persons gathered there the assailants fled away. Prahlad was referred to Jaipur but on the way he died. In the cross examination Laxmi Chand however stated that on reaching at the spot he saw that Prahlad was lying down. Phool Chand (PW. 7) is an old man of 76 years of age and he stated that he could not see properly. Jitendra Jain (PW. 12), who was the investigating officer, in his cross examination stated that he arrived at the conclusion that tractor was never used in the occurrence. He also admitted that cross case was registered in regard to the same incident against the complainant party wherein it was found that appellants Kedar and Shiv Charan had also sustained injuries inflicted by the complainant party. ;