SHARMA, J. - (1.) THE appellants, nine in number, were the accused on the file of learned Additional Sessions Judge No. 2, Jaipur District Jaipur in Sessions Case No. 108/1996. THE learned trial Judge vide judgment dated July 31, 1999 convicted and sentenced the appellants as under:- Ibrahim Khan: U/s. 148 IPC: To suffer Rigorous Imprisonment for six months. U/s. 326/149 IPC: To suffer Rigorous Imprisonment for two years and fine of Rs. 100/-, in default to further suffer rigorous imprisonment for one month. U/s. 302 IPC: To suffer Imprisonment for life and fine of Rs. 200/-, in default to further suffer rigorous imprisonment for three months. Ayub Khan: U/s. 302/149 IPC: To suffer Imprisonment for the life and fine Rs. 200/- in default to further suffer rigorous imprisonment for three months. U/s. 326 IPC: To suffer Imprisonment for two years and fine of Rs. 100/-, in default to further suffer rigorous imprisonment for one month. U/s. 148 IPC: To suffer rigorous imprisonment for six months. Bahadur Khan, Sattar Khan, Abdul Majid S/o Nawab Khan, Abdul Rehman, Ahmed Khan, Abdul Majid s/o Wajir Khan, Majroob Khan: U/s. 302/149 IPC: Each to suffer Imprisonment for life and fine of Rs. 200/-, in default to further suffer rigorous imprisonment for three months. U/s. 326/149 IPC: Each to suffer rigorous imprisonment for two years and fine of Rs. 100/-, in default to further suffer rigorous imprisonment for one month. U/s. 148 IPC: Each to suffer rigorous Imprisonment for six months. Substantive sentences were ordered to run concurrently.
(2.) IT is the prosecution case that the informant Sattar Khan (PW. 3) submitted a written report at Police Station Amer (Jaipur) on August 19, 1989 at 8. 15 AM against thirteen persons including the appellants to the effect that at 7. 30 AM on the said day they came armed with lathi, pharsi and gandasi in Jeep No. RST 1375 in front of his house and exhorted to kill the family members of the informant. At that time Abdul Gani, Siraj Khan, Yakub, Raees and Abdul Rehman were present in his house. Ibrahim (appellant) inflicted blow with gandasi on the head of Abdul Gani who fell down. Ali Mohd. and Abdul Majid (appellant) gave lathi blows on the head of Abdul Gani. Ayub and Bahadur (appellant) caused injury with Gandasi on the hands of Raees. Ahmad and Abdul Rehman (appellant) inflicted lathi blows on the person of information. Abdul Gani was removed to the hospital. On the basis of the said report a case under section 147, 148, 149, 323 and 307 IPC was registered and investigation commenced. During investigation injured Abdul Gani died therefore the case converted into under section 302 IPC. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 2, Jaipur District Jaipur, Charges under Sections 148, 302, 302/149, 326, 326/149, 323, 323/149, 324 and 324/149 IPC were framed against the the accused, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 19 witnesses. In the explanation under Sec. 313 Cr. P. C. , the accused claimed innocence. Six witnesses were examined in defence. Learned trial Judge on hearing the final submissions convicted and sentenced the appellants as indicated herein above. A look at the post mortem report goes to show that the cause of death of Abdul Gani was Coma brought about as the result of injuries to skull and brain. Injury No. 1 was sufficient to cause death. As per the testimony of Dr. H. L. Bairwa (PW. 15), the deceased vide post mortem report (Ex. P-11) sustained following ante mortem injuries:- " (1) Incised would of size 019cm x 02cm x cranial cavity deep vertically placed over mid line on fronto paraito and supra occipital region. . 05 cm above middle of both eye brows and 06cms above occipital protuberance of the head and margins are clean cut, regular and well defined with fresh clotted blood. (2) Abrasion 06 x 1/2 cm and vertically placed on left tibial skin Middle 1/3 part reddish in colour. (3) Two abrasion size each of 1/2 x 1/2 cm on dorsum of left foot in middle part reddish in colour. (4) Abrasion 0 1/2 x 1/2 cm dorsal aspect of root of left fifth toe, on dorsal aspect, reddish in colour. (5) Multiple abrasions of size 2 x 1 cm to 1/2 x 1/2 cm on dorsum of right foot at places five in number redish in colour. (6) Multiple abrasions of size 1/2 x 1/2 cm to 1/4 x 1/4 cm over Rt. tibia skin middle 1/3 part five in number at places reddish in colour. (7) Diffuse swelling middle of sternal region of chest. Dr. H. L. Bairwa (PW. 15) also examined the injuries received by Raees who vide injury report (Ex. P-12) received following injury:- (1) One incised would with bleeding 2" x 1/2 x bone deep. (2) Incised wound with bleeding 1" x 1/4 x bone deep on dorsum Rt. hand over proximal third of Rt. ring finger. (3) One incised wound with bleeding 1 1/2 x 1/4 x bone deep downward or medially on dorsum Rt. hand over proximal half of Rt. little finger. Siraj Khan vide injury report (Ex. P-13) received following injuries: (1) Bruise 2cm x 1cm on Rt. Side of scalp in the frontal region. (2) Bruise 3cm x 2cm on the back of Rt. heel. Sattar Khan vide injury report (Ex. P-14) received following injuries:- (1) Abrasion 1cm x 1/2cm on back of Lt. index finger. (2) Abrasion 1/2cm x 1/2cm on the back of Lt. middle finger.
(3.) ON behalf of the appellants injury reports of accused Ahmad Khan, Ibrahim, Mujaffar and Ayub Khan were placed on record. Accused Ayub Khan vide injury report (Ex. D7a) received Lacerated wound of size 0. 3cm x 1cm x bone deep on right side of fronto parietal region of skull. Accused Mujaffar vide injury report (Ex. D8a) received Lacerated wound 2 1/2 x 1/2 cm x muscle deep vertically placed tempo parietal region of skull. Accused Ahmed Khan vide injury report (Ex. D-9a) received following injury: (1) Lacerated wound of size 06 x 1/2cm x bone deep at left parietal region. (2) Abrasion 1 1/2 x 1/4cm forehead Rt. side. (3) Bruise of size of 4 x 1cm on dorsum of writ (4) Abrasion 5 x 1/2cm oblique and vertically placed right shoulder. (5) Lacerated wound of size 06 x 1cm x muscle deep at medial aspect. (6) Multiple bruises placed at chest of size of 1. 5 x 2cm. (7) Bruise blackish under the finger. ;