N.M.KASLIWAL,J. - (1.) THIS appeal by seven accused persons is directed against the judgment of learned Sessions Judge, Jhunjhunu, dated November 30, 1979 convicting and sentencing them as under: (a) All the seven under Section 302/149 IPC, to imprisonment for life and a fine of Rs. 100/ - each, and in default of payment of fine to further suffer two month's rigorous imprisonment; (b) All the seven under Section 325/149, IPC to two year's rigorous imprisonment and a fine of Rs. 100/ - each and in default of payment of fine to two months' imprisonment (c) All the accused under Section 324 read with Section 149 IPC to three months imprisonment and a fine of Rs. 50/ - each and in default of payment of, fine to further suffer one month's imprisonment; (d) all the accused under Section 323/149, IPC to one month's imprisonment and a fine of Rs. 50/ - and in default of payment of fine to further suffer one month's imprisonment; (e) all the accused under Section 447 IPC to one month's imprisonment (R.I.); (f) accused Hari Ram, Subhash, Satya Narain and Dayanand under Section 148 IPC to one year's rigorous imprisonment (g) accused Ram Karan, Mala Ram and Champa Lal under Section 147 IPC to six month's rigorous imprisonment.
(2.) ALL the substantive sentences have been ordered to run concurrently. Brief facts of the prosecution case are that Chimna Ram PW 1 resident of Village Mishrapura lodged an FIR Ex.P 2 on August 8, 1979, at 10.45 p.m. at Police Station, Jhunjhunu with the allegations that a dispute was going on between him and the family members of Anada Ram in respect of some land under a well. Cases were pending in courts between the parties. The members of Anada Ram wanted to grab the land under the well of Rameshwar deceased and on that account there was enmity between the two families. On August 8, 1979, at about 6 p.m. when the informant (Chimna Ram) was sorting out grass from his crops then younger brother Rameshwar's son Sampat came to him and informed that his father Rameshwar was belling insects in his crops in the field, then suddenly accused persons Hari Ram, Satya Narain, Dayanand Subhash and three unknown persons attacked on him by 'Barchhis' and 'Lathis'. When his (Sampat) mother went for rescuing Rameshwar, she was also attacked. Thereafter, his mother and himself raised alarm on which Sukhram and Mst. Prabhati came on the spot but the seven accused persons ran to attack on them also. After hearing the above information, the informant Chimna Ram went in the field and found Sukhram and Prabhati lying injured in a field having crop of 'Bajra'. When he went a little further then he found Rameshwar lying dead. Mst. Shanti w/o Rameshwar was sitting near the dead body of Rameshwar and was seeing and Banwari Lal s/o Deva Ram, Sardar s/o Narain and Rameshwar s/o Gopal were also standing there, who had seen the occurrence. In the report it was also mentioned that all the 7 accused persons had come with a common object and inflicted injuries on the brothers of the informant namely Rameshwar and Sukha and his niece Mst. Prabhati. It was also mentioned in the report that the three unknown persons can be identified by Mst. Shanti, Sampat and Sukha Ram, if those persons are shown to them.
(3.) A case was registered under Section 302 and various other offences of the Penal Code and Liladhar PW 13 Station House Officer, Police Station, Jhunjhunu started investigation. On the same night at about 12.30 Liladhar reached on the spot along with police force and sent Sukha Ram and Smt. Prabhati in a jeep for immediate treatment in the hospital at Jhunjhunu. Some police personnel were left to take care of the dead body of Rameshwar. On the next day in the morning the inquest memo of the dead body and other documents were prepared. Dr. Girdhar Bhomia (PW 9) Medical Jurist went on the spot and examined the dead body of Rameshwar. Thereafter he conducted the autopsy of dead body of Rameshwar at 10.40 a.m. and found 16 injuries on the body of Rameshwar. All these injuries were found to be ante -mortem in nature. Out of the aforesaid 16 injuries Nos. 1,2,6, 7,9 and 11 were caused by a sharp a weapon while the other were caused by a blunt weapon. In the opinion of the doctor the cause of death was the fracture of the bones and shock and haemorrhage. Dr. Girdhar Bhomia also examined the injuries of Sukhram PW 10 and found 14 injuries on his body. Injuries Nos. 1, 3 and 12 were of simple in nature and caused by sharp edged weapon and the rest were caused by blunt weapon. After x -ray examination of injury No. 2 fracture in the bone was found as such the same was described as grievous. Sukhram was examined at 2.15 a.m. in the night of August 8,1979. Sukhram was admitted in the hospital and remained there till August 29, 1979. Mst. Prabhati was also examined and four injuries were found on her body. All the injuries were simple in nature and caused by blunt weapon. Smt. Shanti w/o deceased Rameshwar was examined on August 11, 1979 at 12.30 in the day and a requisition from the police station Jhunjhunu, and 5 injuries were found on her body. All these injuries were found to be simple in nature. The accused persons Hari Ram and Subash were arrested on August 10, 1979 and Ram Narayan and Champa Lal were arrested on August 13, 1979. Thereafter, accused Satya Narain and Dayanand were arrested on August 17, 1979 and accused Mala Ram was arrested on August 18, 1979. The accused persons Ram Karan. Champa Lal and Mala were got identified by witnesses Sardara Ram PW 5, Banwari Lal PW 2, Sukhram PW 10, Sampat PW 6 and PW 3 Smt. Shanti in the identification parades held in the presence of Girraj Prasad PW 12 Munsif and Judicial Magistrate, Jhunjhunu. All the aforesaid witnesses correctly identified the above mentioned accused persons Ram Karan Champa Lal and Mala Ram. Accused Champa Lal made a confessional statement vide Ex. P 37 on August 31,1979 before the learned Munsif Judicial Magistrate, Jhunjhunu. The learned Munsif and Judicial Magistrate, Jhunjhunu committed the case for trial to the court of sessions by order dated September 11, 1979. The learned Sessions Judge framed charges under Section 148, 302 read with 149 307 read with 149, 323, 324 read with 149 and 447 IPC against accused persons Hari Ram, Subash, Satya Narain and Dayanand. Charges under Section 147, 302 read with 149, 307 and 149, 323, 324 read with 149 and 447 IPC were framed against accused persons Mala Ram, Ram Karan and Champa Lal. The accused persons denied the charges and claimed to be tried.;