BALI, J. - (1.) SIX appellants namely Vishnu, Mahesh, Brahmanand, Kanta Prasad, Bhanwar Lal and Lata Bai, who were tried with their co-accused Kanhaiya Lal in connection with murder of Sukhlal and causing injuries to five others, under various offences, have filed the present appeal challenging order of conviction and sentence recorded against them by the learned Sessions Judge, Karauli who vide his order dated 17. 4. 1998 held them guilty u/s 302 read with Sec. 149 IPC and sentenced each of them to undergo life imprisonment as also to pay a fine of Rs. 200/- and in default of payment of fine, to further undergo S. I. for a period of two months. They were also held guilty and thus convicted u/s 325/149 IPC and sentenced to R. I. for one year and a fine of Rs. 200/- and in default of payment of fine, to further undergo SI for two months. They were also held guilty u/s 323/149 IPC and sentenced to three months' RI. Appellants Vishnu and Kanta have also been held guilty for offence u/s 148 IPC and sentenced to RI for one year, whereas other appellants have been held guilty u/s 147 IPC and sentenced to undergo RI for six months.
(2.) WHEREAS in the occurrence stated to have taken place at 7 p. m. on 28. 8. 1995, Sukhlal died due to injuries suffered by him allegedly at the hands of the appellants and some others who were not sent for trial by the police, Babulal, Harmukh, Birma Bai, Sua Bai and Raj Bai were injured. FIR (Ex. P. 1) with regard to the incident was lodged on 29. 8. 1995 at 6. 30 a. m. by Babulal (PW-1 ). Formal FIR came to be recorded at 10. 15 a. m. on the same very day. Special report reached the concerned Magistrate on 30. 8. 1995 at 11 a. m. Babulal, the first informant, in the FIR lodged by him stated that on 28. 8. 1995 at about 3 or 4 he along with his father Harmukh, Roshan son of Cheta, Prahlad s/o Sualal and some other persons had gone to the place of Babu Maharaj Devta for some religious purposes. Besides some religious things, there was also programme of long jump. After some time, Kanhaiya Lal sent Lata daughter of Bhanwar Lal at the place of Babu Devta. Lata, while coming to that place, told her father Bhanwar Lal and brothers that at the place of fight, Jatavas were plying tractor whereupon Kanhaiya Lal loudly shouted `where all people had gone'. After that, persons present at the place of Babu Devta, Mahesh, Brahmanand, Kanta, Vishnu, Deendayal, Kailash, Bhagwan Lal, Bhanwar Lal and Lata all residents of Village Golara along with Suresh, Rajendra and Guddu son of Babulal, residents of Village Masalpur, armed with sticks (Lathi) and axes, with a view to open attack, came towards the disputed place belonging to the complainant party. Kanta and Vishnu were armed with axes whereas rest were armed with lathis. Babulal (PW-1) further stated in the report that he, out of fear, ran towards his house as his brother Ramkhiladi along with his relation Devi Charan was plying tractor in the fields. There was, however, no tractor being plied at the disputed place. All these people had collected at the disputed place. His brother Ram Khiladi, seeing these people coming, ran away. With a view to save Ram Khiladi, they all from the house including his father Harmukh, his mother Sua Bai, his wife Birma Bai, his brother Sukhlal and Raj Bai wife of Sukhlal were running towards the fields of Devi Charan but on the way, near the fields of Kanhaiya Gujar all these Pandits, whose names have been recorded above, came and the moment they arrived, they gave beatings to Babulal (PW-1 ). Brahma gave a lathi blow on his left shoulder; thereafter Bhanwar Lal, Brahmanand, Vishnu, Kanta and Mahesh gave lathi blows to him as also beat him with fists and blows. Babulal fell down on receipt of injuries. While he was lying on the ground, all these people gave him beatings. His wife Birma Bai came to his rescue and fell upon him. Thereafter, he got up and ran. These people had given beatings to his wife as well. Thereafter, they gave beatings to his father at the same place. His brother Sukhlal and his wife came running to save themselves towards the house but these people followed them and Sukhlal was given beatings by Bhanwar Lal, Bhagwan Lal, Deendayal, Brahma, Vishnu, Mahesh, Kanta and others. He was given beatings with the intention to kill Sukhlal. Thereafter, these people chased Rajbai. She was also given beatings by lathis. Sua Bai, mother of Babulal was also given beatings by lathis. They left his mother who was lying unconscious thinking that she had died. He was saved by Bharosi, Bhairu Gujar, Ummed and Radhey Shyam, otherwise, they would have killed him as well. His father folded hands before these people but they did not desist in beating them. The government had given them 5 Bighas of land but these people did not permit them to plough the same. They were inimical towards the complainant. This fight had taken place at 7 in the evening. Prosecution proved death of Sukhlal on account of injuries received by him by proving on record his post mortem report (Ex. P. 38 ). He sustained following seven injuries, all by blunt weapon: 1. Lacerated wound 14 cm x 2 cm x 1 1/2 cm on the right parietal region of skull, 13 cm above from clotted blood present inside wound and around surface. Fracture of parietal bone seen with naked eye. 2. Lacerated wound 2 cm x 1/2 cm x 1/2 cm on the upper 3rd of right leg, 17 cms below from right knee joint. 3. Contusions-14 cm x 2cm on the left side of front of chest 6 cm below left nipple. 4. Contusions-14 cm x 2cm on the left side of front of chest 6 cm below left nipple. 5. Contusion 8 cm x 4 cm on the left lumber region of abdominal wall. 5. Contusion 6 cm x 4 cm on the right lumber region of abdominal wall. 6. Contusion 12 cm x 2 cm on the left side of back of chest on suprascapular region. 7. Contusion 10 cm x 2 1/2 cm on the right side of back of chest on Rt. suprascapular region. Dr. Hari Mohan Meena, who was examined as PW-19, stated that on 29. 8. 1995 at 10 p. m. on police request, he had examined Babulal son of Harmukh and found following six injuries on his person (vide Ex. P. 8):- 1. Contusion with swelling 8 cm x 6 cm on the left shoulder joint. Blunt. 2. Contusion with swelling 6 cm x 4 cm on the lt. Scapular region on back of chest. Simple Blunt. 3. Contusion with swelling 6 cm x 4 cm on the Rt. scapular region on back of chest. Simple Blunt. 4. Abrasion 2 1/2 cm x 1/2 cm on the occipital region of skull 13 cm away from lt. Ear. Simple Blunt. 5. Swelling 4 cm x 2 cm on the occipital region of skull 9 cm above from root of neck. 6. Contusion 1/2 cm x 1/2 cm on the tip of Rt. index finger. Simple Blunt. He proved injury report (Ex. P. 8) of Babulal. He stated that duration of injuries in the injury report had been shown as 12 hours whereas it was actually 24 hours. He also stated that at 7. 30 p. m. on the same very day, he had medico-legally examined Harmukh and found following five injuries on his person. 1. Lacerated wound 3 cm x 1/2 cm x 1/2 cm on the lower 3rd of lateral as aspect of right upper arm, just above the right elbow joint. Blunt. 2. Contusion 14 cm x 3 cm on the back on the chest on right scapular region. Simple. Blunt. 3. Contusion 12 cm x 3 cm on the back of chest on Rt. scapular region parallel to injury No. 2. Blunt. 4. Swelling 8 cm x 5 cm on the lt. Scapular region on back of chest. Simple. Blunt. 5. Abrasion 1 cm x 1 cm on the frontal region of skull 10 cm above from root of nose. Simple. Blunt.
(3.) HE proved injury report (Ex. P. 14) with regard to Harmukh. Out of the five injuries sustained by him, one was found to be grievous. He stated that he had mentioned duration of injuries sustained by Harmukh as seven hours but on the said date, he was alone, there was no light and he was tensed the whole day and therefore, could not correctly mention duration of injuries at that time and when he had prepared injury reports he was not feeling well also. He also stated that he had made correction and gave information with regard to the same to the CMHO. He admitted that no correction was made in the original register and that corrections were made in the office copy. He stated that he had mentioned duration of injuries sustained by Babulal as 12 hours. He was not feeling well at that time. On realising the mistake, he gave information with regard to the same next day, to the police. ;