C.M.LODHA, J. - (1.) THE thirteen appellants were tried by the Additional Sessions Judge, Gangapur city for offences under Section 302 read with Section 149 IPC and also under Sections 147, 447 and 148 IPC They have been convicted and sentenced as below: Convicted - -and - - Sentenced to (i) Under Section 302 r/w Section 149 IPC - - imprisonment for life(ii) Under Section 147 IPC - - One year's R.I.(iii) Under Section 447 IPC - - Two months' R.I. They were, however, acquitted under Section 148 IPC.
(2.) THE case against the accused is that there was a dispute between them and the deceased Parsadi regarding a field situate, in the precincts of Village Patpari Police Station Keladevi and admittedly litigation was pending between the parties in respect of this field It is alleged that the accused claimed a right of way through the field in question, where as the deceased Parsadi took possession of the same and cultivated is. According to the prosecution on 19th July 71. Parsadi went to the field accompanied by his wife PW/7 Smt. Jagni to prepare it for cultivation by clearing the Bushes etc. At about 10 in the morning all the thirteen accused came armed with sticks and give a severe beating to Parsadi, as a result of which he died at the spot. His wife PW/7 Jagni tried to save him by covering his body but did not succeed in preventing the accused form killing her husband. The prosecution case further is that after having beaten Parsadi to death, the accused proceeded towards the village and met Parsadi's' father Shivlal at a distance of about 3 furlongs from the field of Parsadi and gave a beating to him also as a result of which Shivlal was seriously injured. Hearing his cries, PW/5 Lootan another son of Shivlal who was at a well nearby, ran towards the place from whether Shivlal's cries were heard and saw all the accused beating his faither. After the accused had left the place. Lootan went near his father and heard the cries of Smt. Jagni. Consequently be left his father there and went towards the place where Parsadi was lying dead. He was informed by Smt. Jagni that the accused had beaten Parsadi to death. Thereafter, Lootan proceeded to the Police Smt. Kaladevi and lodged a written report of the occurrence at about 2 p.m. The Head Constable PW/1 Gopalsingh left for the site of occurrence and round Shivlal in his senses, though badly injured. He recorded the dying declaration of Shivlal in the presence of PW/2 Gajrajsingh and one Bhoria Meena and thereafter went to the place where Prasadi was lying dead After carrying out the necessary investigation be prosecuted all the thirteen accused in the court of Munsiff Magistrate, Karauli, who committed them for trial to the court of Additional Session Judge, Gangapur City. There are two separate incidents in this case one took place in the field of Parsadi where Parsadi was beaten to death and the other incident took place at a distance of about three furlongs from the field of Parsadi where Shivlal was beaten, So far as the first incident is concerned, we have the direct testimony of PW/7 Smt Jagni wife of Parsadi. The prosecution relied upon one more eye witness with respect to this incident namely, PW/9 Heeralal whose name is also mentioned in the FIR but Heeralal turned hostile. Heeralal has stated that in all 12 to 13 persons had beaten Parsadi with sticks, (sic) and 'Gandasa. He states that he alone intervened. He also deposes to the presence of Smt. Jagni at the place of occurrence. However, he admitted that he could not name any of the assailants, though he stated in a suppressed tone that the accused may be the persons who gave beating to Parsadi. In the course of cross examination he admitted that he was short sighted. In our opinion, his evidence does not help the prosecution much. We are then left with me statement of PW/7 Smt. Jagni. She has named all the thirteen accused as participants in the crime. However, she has stated that the accused Gote and Gharol had axes, Janmad had Gandasa' and rest of the accused had sticks with hem. She further states that the fell on her husband Parsadi when he was being beaten by the accused so as to save him and she also received injures. She further states that she saw all the accused getting into the field from a distance of five to seven paces and all of them at once started beating Parsadi who had been surrounded on all sides She is not able to state as to which accused bad struck Parsadi at which part of the body She states that she cannot say whether the blow was given with the 'Gandasa' or the axe. But she state that's injuries were inflicted to Parsadi from the sharp side of these weapons. In the course of cross examination she has also stated that her statement before the police to the effect that all the accused were armed with sticks is incorrect.
(3.) IT may be pointed out that this witness has given an omnibus statement with respect to all the accused. Her evidence at the trial 8 not corroborated by the medical evidence in as much as admittedly on injury by sharp weapon was found on the dead body of Parsadi. Her assertion that she fell on her husband to save him and was injured is also not corroborated by medical evidence. We do not consider it safe to place implicit reliance no the testimony of this witness in absence of some reliable corroboration. She is the wife of the deceased Parsadi who had admittedly strained relations with the accused. There is no check available to us to judge the truthfulness of the version given by this witness. We are unable to consider her as a wholly reliable witness particularly when she has contradicted herself with respect to the weapons said to be carried by the assailants.;