ASOPA, J. - (1.) THE criminal appeal is directed against the judgment dated 11. 8. 1998, in Sessions Case No. 175/98, passed by learned Additional Sessions Judge, Bandiqui, District Dausa, whereby he convicted and sentenced the accused appellant as under:- Rameshwar : Under Section 302 IPc Life imprisonment and a fine of Rs. 1000/-, in default of payment of fine, further 1 month imprisonment. Under Section 323 read with 34 IPC : A fine of Rs. 200/-, in default of payment of fine further one month imprisonment Ram Swaroop : Under Section 302 read with 34 IPc Life imprisonment and a fine of Rs. 1000/-, in default of payment of fine, further 1 month imprisonment. Under Section 323 read with 34 IPC : A fine of Rs. 200/-, in default of payment of fine further one month imprisonment Jagdish : Under Section 302 read with 34 IPc Life imprisonment and a fine of Rs. 1000/-, in default of payment of fine, further 1 month imprisonment. Under Section 323 read with 34 IPC : A fine of Rs. 200/-, in default of payment of fine further one month imprisonment
(2.) THE prosecution story is that Sanjha w/o Bhanwara (P. W. 7) lodged a report at Police Station Manpur on 29. 9. 90 stating therein that she is resident of Jahangiria, where the land of the accused and complainant are situated adjacent to each other and having a common `dhora' (Boundary Wall ). With regard to the occurrence, it was stated that on 29. 9. 90 at around 7. 00 a. m. the complainant along with her son Surjan, grand-son Sita Ram and grand-daughter Badam went to the field and her son Surjan started ploughing the field near the common boundary wall. THE accused persons Rameshwar, Ram Swaroop, Jagdish, Narbad w/o Rameshwar and Chota w/o Ram Swaroop came there armed with lathies and dandas and gave beating to her son Surjan. It was alleged that Rameshwar was armed with lathi and others were having `dandas' in their hands. Rameshwar inflicted lathi blow on the head of Surjan, as a result of which he sustained injury on his head and eye. When Sita Ram came to intervene, he was also beaten by all five accused. After giving beating, the accused went to their field. THE incident was witnesses by Gainda, Gangadhar, Laxman etc. The injured Surjan was taken to S. M. S. Hospital, Jaipur, for X-ray and further treatment and during the treatment he scummed to injuries on 30. 9. 90. Thereafter post-mortem was conducted. That after hearing the arguments on charge, the accused Rameshwar was charged for the offence under Section 447, 302, 323 read with 34 IPC and other accused persons Ram Swaroop and Jagdish were charged for offence under Sections 447, 302/34, 323/34 IPC. On behalf of the prosecution, Dr. Madan Tripathi was examined as P. W. 1, and further examined Gangadhar P. W. 2, Laxman P. W. 3, Gulab P. W. 4, Sita Ram P. W. 5, Gainda P. W. 6, Sanja P. W. 7, Kamla P. W. 8, Badam P. W. 9, Narayan Singh P. w. 10, Dr. Kamal Kishore Sharma, P. W. 11, Ramphool P. W. 12 and Kesri Chand as P. W. 13. After conclusion of the evidence of the prosecution, the accused were examined under Section 313 Cr. P. C. wherein they have denied the prosecution story and further expressed their desire to produce defence but no defence was produced.
(3.) IN the sessions trial the accused appellants were convicted as detailed out hereinabove. The accused appellants Ram Swaroop and Jagdish were convicted under Section 302 with the aid of Section 34 IPC on the basis that there was premeditation and common intention in furtherance of which the occurrence took place. Therefore, all the accused are liable for the injury of the lathi blow on the fore-head and eye and all have been convicted. The crucial point for determination is whether there was any premeditation and common intention infurtherance of which the aforesaid occurrence took place. if not, then whether from the evidence on record, it is a case of sudden quarrel which makes only Rameshwar liable for the fatal injury and not other accused persons? We have heard learned counsel for the accused appellants and learned P. P. and gone through the record of the case. ;