KANWALJIT SINGH AHLUWALIA,J. - (1.) THE court of Additional Sessions Judge No.1 (Fast Track), Tonk, tried Mangilal s/o Ramsingh, along with five ladies, namely Geeta w/o Vijayaram, Dropdi w/o Ganesh, Nathi w/o Babulal, Jamna @ Anwali w/o Mukhram and Ratni w/o Kishanlal, for causing murder of one Jagdish Banjara, in a case arising out of FIR No. 95/04 dated 9.10.2004, registered at Police Station Nagar Fort, Tonk for the offence under Sections, 147, 148, 149, 342 and 302 IPC.
(2.) THE trial court vide the impugned judgment dated 21.10.2005, held all the above said accused -appellants guilty of offences under Sections 147, 148, 342 and 302 read with Section 149 IPC and vide a separate order of even date, sentenced them as under: - "U/s 147 IPC - to undergo six month R.I. U/s 148 IPC - to undergo six month R.I. U/s 342 IPC - to undergo six month R.I. U/s 302/149 IPC - to undergo life imprisonment and to pay a fine of Rs. 1,000/ - each, in default of payment of fine, to further undergo two month R.I. Aggrieved against their conviction and sentence, the accused appellants have instituted the present appeal. The criminal proceedings in the present case were set into motion on the basis of written report (Exhibit -P/4) presented by Mukhram (P.W.7) before Raghuveer (P.W.13), who was then posted as S.H.O. at Police Station Nagar Fort, Tonk. Mukhram (P.W.7) along with Bablu (P.W.4) on 9.10.2004 at 11:00 AM, appeared at the Police Station Nagar Fort, Tonk, and submitted the written report, in which it is stated that on 8.10.2004 at 7 o'clock in the evening, their brother Jagdish Banjara had gone to Kishan Banjara's hut (Jhopara) to recover the amount and he had not returned. Therefore, Mukhram (P.W.7) along with Bablu (P.W.4) at about 4:00 AM, reached in the hut of Barwalon and saw that his brother was given beating by thirteen persons, namely Mangilal s/o Ramsingh, Harpal s/o Mangilal, Radheyshyam s/o Kisna, Bhanwar Lal s/o Mangilal, Vijay Singh s/o Mangilal, Mukhram s/o Sadda, Anwali w/o Mukhram, Geeta w/o Vijay Singh, Ratni w/o Kishna, Ranjeet s/o Megha, Udda s/o Kishna, Dropadi w/o Ganesh resident of Phoolsagar presently residing at Barwalon Ka Jhopara, Nagar Fort and Rodu s/o Gordhan resident of Takhla, District Bundi etc. They were beating the brother of the witness Mukhram (P.W.7) with lathis, gandasi, Kulhari, dantali and sword etc. They had tied the hands of his brother. Seeing the witnesses, the accused ran after them to cause them injuries. They ran towards their village and informed the relations. In the morning, they learnt that Jagdish Banjara had been brought by police to Nagar Fort hospital. They reached at the hospital. It was further stated in the written report that they accompanied the police along with Jagdish for treatment at Tonk and on the way Jagdish Banjara died. The above said persons have murdered, Jagdish Banjara, therefore, the report was lodged. Three facts emerged from the perusal of the written report (Exhibit -P/4) on the basis of which formal FIR (Exhibit -P/5) was registered. Firstly, Jagdish Banjara had left his house on 8.10.2004 at 7:00 PM. Secondly, Mukhram (P.W.7) along with Bablu (P.W.4) had gone to the place of occurrence at 4:00 AM. He had witnessed the accused causing injuries. Thirdly, Mukhram (P.W.7) and Bablu (P.W.4) submitted the written report at Police Station Nagar Fort, Tonk on 9.10.2004 at 11:00 AM. It is required to be noted that the special report in the present case had reached the Illaqa Magistrate on 10.10.2004 at 2:00 PM. The autopsy on the dead body of Jagdish Banjara was conducted by Dr. Tikaram (P.W.1) on 9.10.2004 at 4:00 PM. As per Post Mortem Report (Exhibit -P/1), he had found thirteen injuries on the person of the deceased, Jagdish Banjara. All the injuries were caused with blunt weapon. From the internal examination, doctor found fracture of left parietal bone. Beneath it, haematoma was found. Membranes were reddish in colour. As per the opinion of the doctor, the cause of death was excessive bleeding due to head injury. In cross -examination, this witness stated that he had referred Jagdish to Tonk and at the time of examination, smell of alcohol was coming. "XX"
(3.) WE shall further notice that as per report of FSL (Exhibit -P/52), on examination of viscera, the presence of ethyl alcohol was found. In the present case, all the witnesses except Bablu (P.W.4), have turned hostile. Two brothers, nephew and neighbours have not supported the prosecution case. The case of the prosecution rests on the solitary statement made by the witness Bablu (P.W.4).;