SHARMA, J. - (1.) THE accused appellant Om Prakash faced trial in Sessions Case No. 26/88 before the learned Special Judge and Additional Sessions Judge Dholpur (for short `trial judge') who vide Judgment dated June 7, 1991, convicted and sentenced Om Prakash under Section 302 IPC to suffer imprisonment for life and fine of Rs. 200/- in default to further suffer one month rigorous imprisonment.
(2.) ACCUSED appellant Chimman along with nine co-accused persons were also tried in Sessions case No. 25/88 before the learned trial Judge who vide Judgment dated June 7, 1991, convicted and sentenced Chimman as under:- u/s. 307 IPC: To suffer rigorous imprisonment seven years and fine of Rs. 100/-, in default to further suffer fifteen days imprisonment. u/s. 324 IPC: To suffer rigorous imprisonment for three months. Sentences were directed to run concurrently. Other co-accused Purshottam, Maharaj Singh, Ram Charan, Smt. Ramo, Smt. Phoolwati, Mangal, Raghuveer Singh and Ramnath were acquitted of all the charges. Whereas co-accused Babu Singh was convicted under Section 324 IPC but was released on probation under the provisions of Probation of Offenders Act. Om Prakash and Chimman have assailed the findings of the learned trial judge in these appeals. The State of Rajasthan however did not challenge the finding of acquittal recorded against other co-accused persons as is evident from the note dated March 13, 2003 of the Dy. Registrar (Judicial ). The first information report was lodged by Ramji Lal with the police station Baseri/district Dholpur on October 1, 1984 against eleven accused persons with the averments that there was land dispute between the informant and Ram Charan. On the day of incident the informant had gone to Bari to institute another suit. When the informant came back he was informed by Ramveer that Rame (the elder brother of informant's son in law) was killed and two persons viz. Ram Babu and Purshottam had sustained injuries. The names of assailants were Chimman, Mangal, Raghuvir, Om Prakash, Ramcharan, Mst. Rama, Phoolwati, Babu, Purshottam and Ramnath and they had Katta, Guns, Sword, Pharsi, Spear and Axe. Police Station Baseri registered a case under Sections 148, 302/149 and 323/149 IPC and investigation commenced. After lisual investigation charge sheet was filed. In due course the case name up for trial before the learned Special Judge and Additional Sessions Judge Dholpur. Charges under Sections 148, 302/149, 307, 149, 324 and 323/149 IPC were framed against the accused who denied the charges and claimed trial. The prosecution in support of the case examined as many as 23 witnesses. In the explanation under Section 313 Cr. P. C. , the accused claimed innocence. Learned trial judicion hearing final submissions convicted and sentenced Om Prakash and Chimman as indicated herein above, but acquitted other co-accused persons.
(3.) WE have heard the arguments of learned counsel for the appellants and learned Public Prosecutor and scanned the entire evidence on record. Before we deal with the contentions raised, it will be appropriate to take stock of the injuries sustained by the injured and deceased. As per postmortem report (Ex. P-5) deceased Rame sustained following ante mortem injuries:- 1. Incised wound of 3 cm x 1. 5 cm present at the parietal region, placed transversly 15 cm away to roof of nose, the wound was deep to the bone and bone was also cut. 2. Incised wound of 6 cm x 1. 5 cm size present at the parietal region, placed transversly parallel to the injury No. 1 about 5 cm posterior to it. The wound was bone deep, Bone was also cut. 3. Gun shot wound : Wound of entrance of 3 cm in diameter, circular in shape, blacking and charing was present on the posterior medial aspect of upper 1/3rd of left thigh. The cause of death in the opinion of doctor was haemorrehgic shock due to gun shot injury to vital organs such as livert intestines. The injuries sustained by Ram Babu (PW. 6) vide injury report (Ex. P. 8) were as under:- (1) Incised wound - 4-1/2 cm 1/2 cm muscle deep left forehead 2. 5 above the left eye brow. (2) Incised wound 5 cm x 1/2 cm muscle deep Vertex of head oblique in shape occipito Parietal region left to mid line. (3) Incised wound 3 cm x 1/2 cm at occipital eminence transversly placed. (4) Contusion with 10cm x 1cm Rt. side of the posterior wall of chest extending from 8th thorasic verlibrae to L1 lunbar vertibone 4 cm onway to the mid line. ;