SHARMA, J. - (1.) GIRVAR Singh, Bhanu @ Suraj Bhan, Ratan Singh, Smt. Gita Devi and Smt. Beena, the appellants herein, were put to trial before the learned Additional Sessions Judge (Fast Track) Behror, who vide judgment dated November 28,2002 convicted and sentenced them as under:- u/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer simple imprisonment for three months. u/s. 326/149 IPC: Each to suffer rigorous imprisonment for five years and fine of Rs. 300/-, in default to further suffer simple imprisonment for one and a half month. u/s. 324/149 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 200/-, in default to further suffer simple imprisonment for one month. u/s. 323 IPC: Each to suffer imprisonment for three months and fine of Rs. 100/-, in default to further suffer simple imprisonment for fifteen days. u/s. 148 IPC: Each to suffer rigorous imprisonment for six months and fine of Rs. 200/-, in default to further suffer simple imprisonment for fifteen days. The substantive sentences were ordered to run concurrently.
(2.) PUT briefly the prosecution case is as under:- On October 2, 1999 Smt. Bharpai Bai (PW. 3) submitted a written report (Ex. P. 1) at Police Station Bansoor to the effect that on the said day around 8 AM her husband Shakti Dan Singh (since deceased) and son Dilip Singh were going to their field for cultivating the same on a tractor belonging to Kailash Jat. On the way Girvar Singh, Bhairo Singh, Ratan Singh, Bhanu and their ladies Gita, Kamla Bina and Kunti assaulted Shaktidan Singh and Dilip Singh and started beating them. When Munesh (grant daughter of Shakti Dan Singh) tried to save Shakti Dan Singh she was also beaten up. Shakti Dan Singh died on the spot. On that report police station Bansoor registered a case and investigation commenced. Necessary memos were drawn. Statements of witnesses were recorded. Dead body was subjected to autopsy. The appellants were arrested and on completion of investigation charges sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Behror. Charges under Sections 148, 302, 302/149, 307, 326, 324 and 323 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 26 witnesses. In the explanation under Section 313 Cr. P. C. , the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above. We have heard the contentions raised before us and with the assistance of learned counsel perused the record. Death of deceased Shaktidan Singh was undeniably homicidal in nature. As per autopsy report (Ex. P. 12a) following ante mortem injuries were found on the dead body:- 1. Incised wound 5 cm x 2 cm x 2 cm on Lt. parietal & occipital region there is clear cut fracture of parietal bone. 2. Lacerated wound 5 cm x 1 cm x 1 1/2 cm at junction of Rt. & Lt. Parietal region. 3. Lacerated wound 5 1/2 x 2 cm x 1 cm on Rt. parietal region. 4.Incised wound 6 cm x 1/2 cm x 1cm below the Rt. ear on neck. 5. Incised wound 6 1/2 cm x 2 cm x 1 cm on Lt. side below ear to Lt. mandible Lt. 1 cm. leg there is clear cut fracture of Lt. tibia & Fibula. 6. Lacerated wound 5 cm x 2 cm x 1/2 cm below Rt. knee joint. 7. Incised wound 2 1/2 cm x 1 cm x 1/2 cm on epigestric region. 8.Lacerated wound 3 cm x 3/4 cm x 1/2 cm on Rt. side of abdomen. 9.Bruise, position size 7 cm x 2cm on Rt. scapular region. 6cm x 2 1/2 cm on Lt. scapular region. 1. Incised wound 5 cm x 2cm x 2cm on Lt. parietal region of scalp. 2. Lacerated wound 5 cm x 1 cm x 1 1/2 cm at junction of Rt. & Lt. parietal. 3. Lacerated wound 5 1/2 x 2 cm x 1 cm on Rt. parietal region of scalp. 4. Incised wound 6 cm x 1 1/2 x 1cm below the Rt. ear of neck. 5. Incised wound 6 1/2 cm x 2cm x 1 cm on Lt side of neck below ear. 6. Incised wound 7 cm x 4 cm x 5 cm on the middle of Lt. lower jaw there is clear cut between tibia. 7. Lacerated wound 5 cm x 2 cm x 1 1/2 cm below Rt. knee. 8. Incised wound 2 1/2 cm x 1 cm x 1/2 cm above the epigestric region. 9. Lacerated wound 3 cm x 3/4 x 1/2 cm on Rt. side of shoulder. In the opinion of Dr. N. S. Kanwat (PW. 17) the cause of death was head injury and hemorrhagic shock due to rupture of large blood vessels. Dilip Singh (PW. 8) vide injury report (Ex. P. 5) received following injures:- 1. Incised wound 7 x 2 cm x bone deep on dorsum of foot just above toe. 2. Incised wound 5 x 1 cm x bone deep on dorsum of right foot in middle. 3. Incised wound 5 x 1 cm x muscle deep on anterior aspect of right ankle 4. Diffuse swelling with pain and tenderness of right ankle & lacerated wound 1 x 1/2 cm x skin deep 5. Incised wound 1 1/2 x 1 1/2 cm x skin deep on right leg on middle. 6. Incised wound 4 x 1 cm x bone deep lower part of left leg. 7. Diffuse swelling with pain and tenderness of left ankle 8. Incised wound 1 x 1cm x bone deep on left knee. 9. Incised wound 2 cm 1/2 cm x skin deep on forehead. 10. Incised wound 6 x 1cm x muscle deep on dorsum of right 11. Incised wound 2 x 1cm x muscle deep on right anticubital pat 12. Incised wound 2 x 1 1/2 cm x bone deep on termind JP joint of middle finger of right hand. 13. Incised wound 2 x 1/2 cm x bone deep on JP joint of thumb of left hand. 14. Incised wound 15 x 2 cm x bone deep on lower part of back. Munesh (PW. 2) vide injury report (Ex. P. 35) received following injuries:- 1. Lacerated wound 2 x 1 1/2 cm x scalp deep on top of head 2. Bruise 4 x 3 cm on Lt. elbow.
(3.) AT this juncture is will be appropriate to consider the injuries received by accused Surajbhan Singh. He vide injury report (Ex. D. 8) received following injuries:- 1. Incised wound 3 cm x 3/4 cm x 1 cm Lt. forearm below elbow joint. 2. Old Bruise 5 cm x 2 cm on back of chest of scapular region. 3. Complaint of pain on back of neck. 4. Swelling on Rt. occipital parietal region. The prosecution has examined Kumari Sayal (PW. 1), Munesh (PW. 2), Smt. Bharpai (PW. 3) and Dilip Singh (PW. 8) as eye witnesses of the occurrence. Kumari Sayal (PW. 1), who was 11 years of age on the date of her examination, stated that while she was working in the field of Gwar along with her sister Munesh and her grand father Shakti Dan Singh was sitting and Dilip Singh were also working, Girvar Singh, Bhanu, Ratan, Gita and Bina came armed with weapons and started abusing her grand father, Girvar Singh inflicted blow with Sel (spear) on her grand father. Bhanu and Ratan gave Pharsi-blows and killed her grand father. Munesh was also beaten up by them. Munesh (PW. 2) in her deposition stated that on the date of incident around 8 AM while she along with her sister, father and grand father was working in the field Girvar Singh, Ratan Singh, Bhanu Singh, Gita and Bina came their and started hurling abuses at them. When her grand father forbade them, they made attempt to beat him. Her grand father ran for his life, but the assailants surrounded him. Bhanu and Ratan inflicted blows with Pharsi on his right knee, left leg and head. Bharpai (PW. 3) attributed the injury on the chest of Shakti Dan Singh to Girvar Singh. Other injuries received by Shakti Dan Singh were attributed to Ratan and Bhanu. Dilip Singh (PW. 8) deposed that Girvar Singh gave blow with spear on the chest of Shakti Dan Singh, whereas Bhanu and Ratan caused injuries on legs with Pharsi. When he and Munesh intervened, the they were also beaten up. ;