N.L.Tibrewal, J. - (1.) The appellants have filed a joint appeal against the judgment dated, July 11, 1980 of Additional Sessions Judge No. 1, Alwar in Sessions Case No. 10/1980, whereby they were convicted and sentenced as under Pooran-Under Section 302 IPC-Imprisonment for life and to pay a fine of Rs.1,000/- or in case of default to further suffer R.I. for one year. Under Sec. 147 IPC Two years R.I. and to pay fine of Rs.500/-, or in case of default, to further suffer R.I. for one year. Sri Ram Under Sec. 325/149 IPC Suraj Samunder 5 Years R.I. and to pay a fine of Rs. 2500/- Ramesh Each and in case of default, to further undergo R.I. for 2 years each. The substantive sentences of imprisonment were directed to run concurrently.
(2.) In short, the facts of the case are that on 26th December, 1979 in the morning time, the deceased Bhagwana Teli of village Kathumar was assaulted by the appellants. It is alleged that accused-appellant Suraj was having a spear and he gave a spear blow on the foot, while the appellant Pooran gave a farsi blow on the head of the deceased Bhagwana. For the rest of the appellants, there was a general allegation that they be laboured him with lathis. The cause of the incident is stated that the deceased Bhagwana also used to work as Halwai besides cultivating the land of a co-villager, Ram Swaroop. For the services rendered by Bhagwana as a Halwai, some dispute arose between him and the appellant, Sri Ram for the labour charges. Bhagwana was demanding Rs. 40/-, while Sri Ram accused wanted to pay Rs. 9/-. His further alleged that one Rewarmal had settled their dispute fixing Rs. 50/- to be paid by Sri Ram to the deceased Bhagwana. On the fateful morning, the deceased had left his house for watering his field P.W. 3, Mani Ram, was also with him as he cultivated another field of one Natthi Lal Seth in the vicinity. Both the fields were at the out-skirt of village Kathumar. While Mani Ram was enjoying Bidi in the field of deceased Bhagwana he saw the accused person proceeding towards the field from two directions. All the accused persons approached the deceased and asked him to accompany him to the well of Girraj Soti to settle the account. Bhagwana accompanied them, but when they had hardly covered some paces, the appellants, Suraj opened attack with a spear causing an injury on the foot of Bhagwana. Another blow was given by Pooran with a farsi on the head of Bhagwana, where upon, Bhagwana fell down on the ground, then rest of the accused gave lathi blows. The accused persons thereafter, left the place of occurrence. Mani Ram took care of Bhagwana and with the help of Gyarsi (P.W. 1), Hanuman (P.W. 2), Kesar Dev and Sheonath, Bhagwana was shifted to local Government dispensary. PW 8, Vishwa Nath, Head Constable, Police Station Kathumar, reached the hospital having come to know of the incident of Marpit and the injured having been taken to the hospital. He recorded the statement (Ex. P. 4) of Bhagwana at 9.45 p.m. after seeking permission of the Medical Officer who certified him to be in a fit condition to give the statement. On the basis of the statement Ex. P. 4, First Information Report, Ex. P. 5 was chalked and a case was registered under Secs. 147, 148, 149 and 323 I.P.C. The injuries of Bhagwana were examined by Dr. Mahesh Chand Gupta, (P.W. 10) at 11.55 a.m. on 26.12.1979 and he found the following injuries on his person: - 1. Bruise, Diffused on both upper and lower eye lids of rt. side. 2. Abrasion 1.5.cm x 0.8 cm on the front of upper 1/3rd of left leg. 3. Lacerated wound 1.4. cm x 0.6 cm x 0.1cm. on the front of upper l/3rd of left leg. 4. Sub conjectival haemorrhage in right eye. 5. Stab wound 2.2 cm x 0.2 cm x 0.8 cm on the lateral aspect of lower 1/3rd of right leg. In his opinion, all the injuries were caused by blunt weapon. He opined all the injuries to be simple in nature, though, he had advised X-ray examination of scalp and expert opinion of Senior Surgeon for the cause of unconsciousness of the injured. While the patient was being removed to Gheral Hospital Alwar for better treatment, he succumbed to his injuries on the way and, thereafter, the dead body was brought back to Government Hospital, Kathumar, where the autopsy was conducted on next day at 1.30 p.m. On conducting the post-mortem examination of the dead body of Bhagwana deceased, Dr. Gupta noticed the above mentioned five injuries. He also notice a swelling 0.5 cm x 0.5 cm over right frontal region. On internal examination of the dead body, he also found that there was a haemorrhage of right frontal region of scalp 6 cm x 5 cm in size. There was a depressed comminuted fracture of rt. frontal bone as also of temporal and parietal bone of rt. side. A dark and blackish in colour haemotoma of about 8 cm x 5 cm in size between skull and membrance was also notice. In the opinion of the doctor, all the injuries found on the body of deceased were anti-mortem in nature. The cause of death was opined as result of coma, resulting from head injury (multiple fracture) extra dural haemotoma by blunt object.
(3.) During investigation, the site plan of the place of incident (Ex. 6) was prepared on 26.12.1979. The blood smeared and control soil was seized from .the place of occurrence vide Ex. P. 7 and Ex. p. 8. Inquest report, Ex. p. 9 was also prepared on 27. 12.1979. After completion of investigation, a charge-sheet came to be filed against all the accused persons. All the accused were charged under Secs. 147, 302 and 302/149 IPC. During investigation prosecution examined ten witnesses in all. The accused denied their participation in the incident in their statements under Sec. 313 Cr. P.C. and two witnesses, namely, Gyarli (DW 1) and Sukha (DW 2) were examined in defence. After completion of the trial, the accused appellants were convicted and sentenced as stated above.;