- (1.) All the appellants were put on trial in Sessions Case No. 20/93 before the Additional Sessions Judge, Jaipur District, Jaipur for committing murder of Sumer Singh and Dinesh Singh. The learned trial Court convicted all the appellants under Section 302 read with Section 34 I.P.C. and sentenced to life imprisonment and to pay a fine of Rs. 200/- each. In default of payment of fine, simple imprisonment for 15 days was awarded vide judgment dated May 27, 1994. All the four appellants have filed separate appeals noted above, as such, all the appeals are being decided together.
(2.) As per the prosecution case, occurrence had taken place at 8.30 or 9 p.m. on April 9, 1993 in village Dhankya in a Chowk infront of temple Ramdeo Ji. The report of the incident (Ex.D.7) was lodged by RW. 14, Roop Singh, father of Dinesh Singh deceased at Police Station, Bagru at 1.15 a.m. on 10.4.93. On this report, Crime No. 166/93 was registered under section 302 and 307 I.P.C. by the S.H.O., Shri Shishpal Singh (RW.12). The prosecution case as unfolded in the report Ex.D. 7 was that informant's son Dinesh Singh, had gone to a flour mill (Atta Chakki) at 7 p.m. for grinding grains but he did not return home. Then, at 11.30 in night, Sumer Singh's mother came to him and informed that Sumer Singh and Dinesh Singh were murdered. Thereupon, Roop Singh went to the place of occurrence alongwith Sumer Singh's mother and found Sumer Singh and Dinesh Singh lying there. Sumer Singh had died, while Dinesh Singh was unconscious at that time. Witnesses Fateh Singh and Shyam Singh were standing there and on inquiry they informed that Trilok Singh, his father's sister's son Babu Lai, Natwar Singh and one outsider had killed both Sumer Singh and Dinesh Singh with stones and by cutting their necks. Injured Dinesh Singh was sent to S.M.S. Hospital in a State Roadways Bus, but he too died there. His inquest report (Ex.P 2) was prepared and autopsy of his dead body was conducted by Dr. Y.N. Verma, Medical Jurist, S.M.S. Hospital, Jaipur. The post mortem of dead body of Sumer Singh was conducted by the Medical Officer at Bagru. The statement of one Ramu alias Ram Prakash Daroga was recorded during investigation as an eye witness of the incident. Site inspection of the place of occurrence was also made by the Investigating Officer at 6.15 a.m. on 10.4.93 and site plan (Ex.P 12) was prepared by him. After completion of the investigation, the Police submitted a charge sheet against all the four accused persons in the Court of the concerned Magistrate and after committal of the case they were tried, convicted and sentenced by the Additional District and Sessions Judge, Jaipur District, Jaipur as stated above. It may be stated herein that the appellants were also charged under section 302 and 120-B I.PC., but they were found guilty under Section 302 read with Section 34 I.PC.
(3.) As per post mortem report (Ex.R6) of Dinesh Singh, the following injuries were found on his person which were ante-mortem. (A) Ante-mortem injuries: 1. Abrasion of size 1 cm. x ⅛cm. with dried dark clotted blood over dorsum of (Lt.) middle finger. Proximal part placed obliquely vertical. 2. Lacerated wound of size 1 x 1/2 cm. x Muscle deep over lateral aspect of (Rt.) pelvis near Iliac, crest having clotted blood placed transversely. 3. Multiple Abrasions (12) of varying size 6 x 1/2 cm. to 1/4 x1/4 cm. over antero lateral aspect of (Rt.) side hip, buttock and upper part of lateral surface of thigh having clotted blood placed irregularly in varying directions. 4. Abrasion of -cm. x 6 cm. over (Rt.) clavicular area middle part c Bruise with Abrasion of size 8 cm. x 7 cm. over (Rt.) clavicle outer part front of chest upper pait and (Rt.) shoulder with dried clotted blood. 5. Multiple bruises with abrasions of size 2x2 cm. area to 12 x 4 cm. Intermittent uncountable crossing each over at places over (Rt.) side cheek (Rt.) ear pinna. (Rt.) side forehead (Rt.) upper eyelid eyebrow, nose at places left upper eye lid and left cheek reddish in colour with diffuse swelling at places. 6. Bruise with Abrasion of size 6x2 cm. over (Rt.) supra clavicular and (Rt.) side neck reddish. 7. Bruise c Abrasion of size 3 x 1 cm. over (Rt.) side sub mandibular region reddish. 8. Incised looking lacerated wound of size 31/2 x 1 cm. x muscle deep on the outer part of left eye brow and eye placed obliquely and covered with thick blood dry clotted, the edges of the wound are cleanly cut and margins are clean cut but irregular. 9. Lacerated wound of sixe 3/4 x 1/4 x skin deep over outer canthus of left eye covered with dry clotted blood. 10. Lacerated wound of size | x 1 x skin deep over upper part of root of left ear pinna with dry clotted blood. 11. Lacerated wound 6 x 1/2 cm, x skin deep covered with thick dry blood (see diag.) placed transversally curved as in diagram on lower ⅓ part of neck. 12. Lacerated 12x2 cm. x muscle deep with dry clotted blood (see dig.) on front of neck with central width 1/2 cm. 13. Lacerated wound of size 12 cm. x 5 cm. placed on front of neck upper part exposing soft tissue, muscle and upper part. Thyroid cartilage and larynx upper part showing bruising, swelling of Epiglottis exposed parts are soaked with thick blood on dissection trachea contains blood mixed with mucous upto bifurcation of tracheae. The brounchus on both sides are seen containing semi solid thick blood in their lumens (plugging it) up to 5 cm. on each side. Branching Bronchioles distal to this region also contain thick blood. Lungs are swollen, ordematus and expanded on dissection congested. Further dissection of oesophagus bruish streaks of blood over inner mucous membrane about 40 ml. blood mixed with gastric secretion is found in stomach cavity. The major vesseles of neck are intact but minor vessels are found torn, depth of wound from skin to deeper tissue in cm. just below the hyoid bone. The hyoid bone is intact. The muscles between hyoid and thyroid are torn with tissue staining. The sternum is found fractured in middle part and under surface shower exhavanton(?) blood and tissues stain around fract site. 14. Dissection of cranium : On dissection there is sub scalp haemotoma beneath injury No. 5 & 8 and on (Rt.) pariental region, further dissection shows congestion of mentreium which are tense and bluish shaded. On dissection there is sub dural haemorrhage on both cerebral hemispheres. There are two areas of contusion over lower surface of frontal parts of cerebral hemispheres measuring 1) x 1 cm. over inferior surface with tissue stain and dark red coloured. On further examination Medulla Oblongata is seen oedamatus and congested cut surface shown minute patechial haemorrhages.;