SHARMA, J. - (1.) THE appellants, five in number along with three others, were placed on trial before the learned Additional Sessions Judge (Fast Track) Behror District Alwar in Sessions Case No. 18/2002 (14/2002 ). Learned Judge vide judgment dated September 18, 2003 convicted and sentenced the appellants as under:- (1) Mukesh Chand, (2) Vijay Singh, (3) Ramchandra, (4) Kanhaiya Lal and (5) Nannu Ram: U/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer three months simple imprisonment. U/s. 148 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 200/-, in default to further suffer one month simple imprisonment. U/s. 323 IPC: Each to suffer rigorous imprisonment for six months and fine of Rs. 200/-, in default to further suffer one month simple imprisonment. U/s. 447 IPC: Each to suffer rigorous imprisonment for one month. All sentences were directed to run concurrently.
(2.) THE prosecution case as unfolded during trial is that on December 27, 2000 informant Suresh (Pw. 1) submitted a written report with the Police Station Bansoor stating therein that at 12. 00 Noon while the informant was irrigating the field, the accused persons armed with sword and lathis came and asked the complainant not to take water through their field and started breaking the pipeline, when complainant party tried to obstruct, accused Kanhaiya Lal gave sword blow on the head of Gauri Sahai (since deceased), Mukesh also inflicted lathi blow that laid on the head of Gauri Sahai as a result of which he fell down. Accused Ram Chand caused lathi blow on the head and hand of informant whereas Mukesh gave lathi blow on his left foot. On hearing hue and cry Vikram, Munesh, Subhash, Kaushalya and Laxmi arrived but they were also beaten up. Police Station Bansoor registered a case under section 147, 148, 149, 323 and 447 IPC and investigation commenced. During the course of investigation Gauri Sahai succumbed to his injuries and the case was converted into one under section 302 IPC. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Behror District Alwar. Charges under sections 148, 447, 323 and 302/149 IPC were framed against the accused, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 23 witnesses. In the explanation under section 313 Cr. P. C. , the accused claimed innocence and stated that they were beaten up by complainant party in Kasniwala field and the case was pending against complainant party. Two witnesses were examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants Mukesh Chand, Vijay Singh, Ramchandra, Kanhaiya Lal and Nannu Ram as indicated herein above, but acquitted co-accused Ghasi Ram, Mst. Lali Devi and Mst. Kamlesh @ Kamla. We have heard the arguments of learned counsel for the appellants and learned Public Prosecutor and gone through 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 complainant and the accused parties. As per postmortem report (Ex. P-34) deceased Gauri Sahai sustained following ante mortem injuries:- 1. Stitched wound 23cm long left fronto parieto temporal region done surgically. 2. Stitched wound 20 cm Rt. fronto parieto temporal region done surgically. 3. Bruise bluish colour 4 x 2 upper side tempro parietal region diffuse swelling on Ex. sub scalp haematoma diffusely on both fronto parietal region. On Ex. five burn hole on left side parieto temporal region. Stitches applied craniotomy done bone flap 7 x 10 left parieto temporal replace by stitches. Rt. side 11 x 4cm (Re) parietal bone found missing gel foam found. Dura found stitched. Brain oedametus congested contusion on upper part of temporal region with little sub dural haematoma present. Brain is little soft. 4. Bruise 3 x 3 cm (Rt.) external chest bluish colour. 5. Abraded bruise 2 x 1/2 with hard & cab under lying. The cause of death in the opinion of Dr. Sumant Datta (Pw. 19), who performed autopsy on the dead body, was coma brought as a result of head injury to skull, brain. The injury No. 3 was sufficient to cause death. The injuries sustained by Gauri Sahai were also examined prior to his death vide injury report (Ex. P-18):- (1) Lacerated wound-swelling 3 x 1cm Rt. Parietal region (2) Lacerated wound 2 x 2cm Rt. Parietal region 2cm above and posterior to No. 1. (3) Bruise 8 x 3 Rt. Infra scapular region. Munesh (Pw. 2) vide injury report (Ex. P-19) sustained following injuries:- 1. Bruise 4 x 2 cm reddish Rt. fore arm mid. 1/3 posterior laterally. 2. Abrasion 2 x 1/2cm Rt. Forearm lower 1/3 laterally. 3. Bruise 4 x 2cm Rt. leg lower 1/3 laterally. 4. Abrasion 3 x 2cm Rt. thigh lower 1/3 laterally 5. C/o pain Rt. thigh, upper limb.
(3.) VIKRAM Singh (Pw. 4) vide injury report (Ex. P-20) received following injuries:- 1. Lacerated wound 3 x 1 cm bone deep Lt. parietal region. 2. Lacerated wound 4 x 1 cm Vertek posteriorly. 3. Abrasion 2 x 1 cm Lt. fore arm lower 1/3 laterally. 4. Bruise 10 x 2 reddish Lt. leg obliquely lower 1/2 laterally. 5. Abrasion 1 x 1 cm Lt. hand dorsally base of thumb. Suresh (Pw. 1) vide injury report (Ex. P-21) received following injuries:- 1. Lacerated wound 4 x 1cm bone deep Vertex Antero posterior. 2. Bruise-swelling 6 x 2 cm reddish Lt. Forearm postero laterally oblique upper 1/2. 3. Abrasion 2 x 1 cm Lt. forearm posteriorly lower 1/2 4. Abrasion 3 x 1 cm mid arm laterally. 5. Abrasion 1 x 1 cm Lt. knee laterally. Subhash (Pw. 3) vide injury report (Ex. P-22) received following injuries:- 1. Lacerated wound 1/2 x 1/3 cm Rt. hand little finger, dorsally proximal phalanges. 2. Abrasion 1/2 x 1/2 cm Ring finger palm surface distance phalanges. 3. Bruise 6 x 3 cm reddish Lt. Deltoid region. 4. Abrasion 4 x 1/2 cm Lt. thigh lower 1/3 laterally. ;