SHARMA, J. - (1.) AS many as thirteen persons along with the appellant were accused on the file of learned Additional Sessions Judge (Fast Track) Bandikui District Dausa bearing Sessions Case No. 21/2001. Learned Judge vide judgment dated June 24, 2002 convicted only the appellant for the offence under Section 302 IPC and sentenced him to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer one month simple imprisonment.
(2.) THE prosecution story as unfolded during trial is that on June 18, 1998 the informant Prem Chand (PW. 2) submitted a written report (Ex. P. 3) at police station Bandikui stating therein that on the said day at about 7. 00 AM the informant along with Bhola Ram, Pooran, Mukesh, Sukhram and Bhagwan Sahai were sitting in their Bada and puffing Biri and Tobacco, in the meantime Mangilal, Pappu Mohanlal, Ramdhan Kanji, Budhya, Shravan, Prabhat, Ramlal, Mangiya and Girraj came armed with lathi farsi and Kulhadi and entered into the Bada, Mangi Lal then gave barchhi-blow on the head of Bhola Ram. Mangla gave kulhadi- blow on the head of Pooran and others gave beating with lathis. Bholaram became unconscious. On the basis of the said report a case under Sections 147, 447 and 307 IPC was registered and investigation commenced. On the death of Bhola Ram, the case was converted into one under Section 302 IPC. After conducting usual investigation the charge sheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Bandikui District Dausa. Charges under Sections 147, 148, 302, 324/149 and 323/149 were framed against the appellant and other co-accused were charged for the offences under Sections 147, 148, 302/149, 324/149 and 323/149 IPC. THE charges were denied and trial was claimed. THE prosecution in support of its case examined as many as 27 witnesses. In the explanation under Section 313 Cr. P. C. , the appellant claimed innocence and denied the prosecution case and stated that the incident took place when the complainant party tried to cut the tree in the field of accused party. In defence the accused examined three witnesses. On hearing final submissions the learned trial Judge acquitted all the co-accused but convicted and sentenced the appellant as indicated herein above. Having carefully gone through the record with the assistance of learned counsel for the parties we notice that in the course of the incident complainant party and accused party both sustained injuries. A look at the post mortem report of the deceased Bhola Ram shows that he received following ante mortem injuries:- " Lacerated Wound 13cm long on Rt. Fronto parietal region near mid line with reddish clotted blood seen with right eye black eye. On dissection sub scalp hematoma on both side fronto parietal region dark red. Skull cut fracture of size 12 cm vertical over (R) fronto parietal region near mind line underneath extra dural hematoma present dura cut under neath the fracture with subdura hematoma over (R) hemspire (fronto parietal lobe) thick larger minimal outer fronto parietal region. Brain- cut would of size 6 cm x 1cm x 3 cm with ante mortem hematoma over (R) fronto parietal lobe at the site of fracture. On further examination on anterior fracture line reaching upto (R) anterior canal fossa on posterior fracture line reaching upto vault of skull (R) parietal bone. In the opinion of Doctor the cause of death was coma brought about as a result of injuries to skull and bone which were sufficient to cause death in the ordinary course of nature. Bhori Lal (PW. 4) vide injury report (Ex. D-9) sustained lacerated wound of 2cm x 1/2 cm x 1/2 cm on left side of forehead. Kherati (PW. 7) vide injury report (Ex. D. 10) sustained following injuries:- " 1. Bruise 3 cm x 1cm on mid of left arm anteriorly. 2. Abrasion 6 cm x 1cm on back of chest Rt. side. 3. C/o pain lateral side of left knee joint but no visible marking present. "
(3.) SUKH Ram (PW. 8) vide injury report (Ex. D. 11) sustained one lacerated wound of 2. 5 cm x 1/2 cm on mid of scalp and complaint of pain anterior of both thigh of both lower limb. Smt. Harbai (PW. 9) vide injury report (Ex. D-12) sustained following injuries:- " 1. Abrasion of 3cm x 1/2 cm on back of lower 3rd of left fore arm. 2. Abrasion of 2 1/2 cm x 1 cm on back of lower 3rd of Rt. fore arm. 3. Abrasion 1 cm x 1 cm on back of left ankle joint. 4. Bruise 3 x 2 cm on back of left shoulder joint. " Bhagwan Sahai (PW 17) vide injury report (Ex. D-13) sustained following injuries:- " 1. Abrasion 3 cm x 2 cm on back of Rt. shoulder 2. Abrasion 2 x 1 cm on top of Rt. shoulder joint. 3. Abrasion 1/2 x 1/2 on back on proxym phaxynx of ring finger of left hand. 4. C/o of pain on medial malel of left foot but no visible marking present. ;