N.L. Tibrewal, J. - (1.) Both these appeals arise out of the judgment dated December 18,1992 passed by Special Judge, Dacoity Affected Area, Bharatpur in Sessions Case No.46/92, whereby the appellants were convicted as under: JUDGEMENT_77_LAWS(RAJ)7_19951.html
(2.) In brief, the facts of the case are that for the incident which had taken place in the night intervening September 27-28, 1985, a written report Ex.P. 9, was made at Police Station Pahadi, District Bharatpur at 8.30 a.m. by PW 9 Dalmod, and Crime No. 117/85 was registered under Sections 147, 148, 149, 323, 324 and 302 IPC against all the appellants. As per the report, the informant-Dalmod, deceased Asina and the eye-witness Fudda were sleeping in the field of Asina while Samaychand and Nasru were sleeping in their field adjoining to the field of Asina. At midnight all the accused came to the field of Asina with arms. Appellants Is-av and Ismail were having 'Farsa' and each one of them inflicted a Farsa blow on the head of the deceased Asina. Chauttu was having a spear and he, too, inflicted spear blows to the deceased. Nuruddin inflicted 'Farsa' blow to the deceased. Appellants Sirdar and Assu were having guns and they made gun fires. Appellants Chuja, Saman, Shamsher and Ishaq assaulted Samaychand; while Siro, Jummal and Jassu assaulted Nasru and Reda assaulted-Fddda with lathis. It was further stated in the report that the informant made a cry which attracted witnesses Bashira, Ashru and other villagers, who came on the spot and the accused-persons ran away seeing them coming there.
(3.) After registration of the case, inquest report Exh.P.5 was prepared. Site-plan Exh. P-6 of the place of occurrence was also prepared. Blood smeared soil and control soil were seized from the place of occurrence vide Memo Ex.P 7. One empty-cartridge was recovered from the field of Dalmod vide Ex.P.8. The autopsy of the dead-body was conducted by Dr. Ramesh Kumar Makkar (PW 13) vide post mortem report Ex.P.13. The 'doctor found the following external injuries on the body, of the deceased: (i) Incised wound 4"x 1/2"x 1/2" x bone deep left fronto-parietal area of scalp. (ii) Lacerated wound. semi-linear shape 21/2"x 1/4"x bone deep left occipital-parietal area of scalp. (iii) Lacerated wound 1"x 1/4"x bone deep right parietal area of scalp. (iv) TWo lacerated wounds l/2"x ⅕"x ⅕", 1" x ⅕" x ⅕" left parietal area of scalp. (v) Two abrasions l"x 1/2", 11/2"x 1/2" left back of mid arm. (vi) Contusion red-colour 6" x 4 1/2" left back of arm of lower left. (vii) Lacerated wound 11/2" x 1/2" x tender deep back of left middle finger at proximal phalanx. (viii) Bony irregularity with swelling 6" x 4" right arm with fracture of right humerous. (ix) Right arm ant. aspect-abrasion 11/2" x 1/2" red-colour contusion 6" x 4" abrasion 1" x 1/2". (x) Contusion red-colour 6" x 5" right arm at its middle and post aspect at its lower l/3rd. (xi) Abrasion 11/4" x 1" left front of chest 2" below clavicle. (xii) Two red-colour contusions parallel to each with difference at 1/2" oblique each size is 5" x 1/2" and ant. aspect of right thigh. (xiii) Abrasion 3" x 1/2" left back of scapular area.;