SHARMA, J. - (1.) RANJEET Singh, Jagveer Singh, Laxman Singh, Girvar Singh, Goverdhan Singh and Bhanwar Lal, appellants herein, were put to trial before the learned Special Judge SC/st (Prevention of Atrocities Cases) Ajmer, who vide judgment dated July 30, 1999 convicted and sentenced them as under:- u/s. 302/149 IPC: Each to suffer imprisonment for life. u/s. 147/149 IPC: Each to suffer rigorous imprisonment for one year. The substantive sentences were or--- run concurrently.
(2.) IT is the prosecution case that informant Sheoji Ram (PW. 2) on June 26, 1992 submitted a written report at police station Roopangarh stating therein that on the said day his nephew Kishna Ram (since deceased) was beaten up with lathis at the field of Ranjeet Singh by the appellants. On that report a case under sections 147 and 323 IPC was registered and investigation commenced. Kishna Ram succumbed to his injuries in the hospital on June 28, 1992 and section 302 IPC was added. Dead body was subjected to autopsy. Necessary memos were drawn. Statements of witnesses were recorded. The appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge SC/st (Prevention of Atrocities) Ajmer. Charges under Sections 302 read with 147 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 Sec. 313 Crpc, 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. Prior to his death injuries sustained by Kishna Ram were examined and vide injury report (Ex. P. 34) following injuries were found:- 1. Contusion 11. 0 cm x 3. 0 cm Lt. side of back. 2. Contusion 16. 0 cm x 3. 5 cm Back region Lt. side. 3Contusion 14. 0 cm x 4. 0 cm Lt. upper scapular region 4. Contusion 10. 0 cm x 10 cm Rt. mid scapular region back. 5. Contusion 7 cm x 2. 0 cm lower part of back region. 6. Abrasion 1 cm x 0. 5 cm Lt. hand ring finger. 7. Abrasion 0. 5 cm x 0. 3 cm Lt. forearm. 8. Lacerated wound 1. 5 cm x 0. 5 cm x 0. 2 cm Rt. elbow joint. X-ray of injury No. 1 was advised and opinion about nature of injuries was to be given after X-ray report. There is nothing on record to show that the injury as advised was subjected to X-ray or not but Autopsy Surgeon found fracture of seventh, eights and ninth ribs. Tear measuring 1" x 1" on left lung was present. According to post mortem report (Ex. P. 17) the cause of death was shock due to injuries of left lung and perforation of pelvie colon. The prosecution case is founded on the testimony of informant Sheoji (PW. 2), Nanu Ram (PW. 3), Bhanwar Lal (PW. 5), Chhotu (PW. 6) and Sheoji (PW. 9), who were examined as eye witnesses of the occurrence. In his deposition Sheoji stated that his nephew Kishna Ram was beaten up by Ranjeet Singh, Gordhan Lal, Laxman Singh, Girwar Singh, Raghuveer Singh and Bhanwar Lal by lathis. He became unconscious and later on died. He was beaten up in the field of Sheoji. Testimony of Chhotu gets corroboration from the statements of Nanu Ram (PW. 3), Bhanwar Lal (PW. 5), Chhotu (PW. 6) and Sheoji (PW. 9 ). Factual situation emerges from the material on record is as under:- (i) The appellants inflicted Lathi blows on non vital parts of the deceased who died after two days of the incident. (ii) Nature of injury sustained on the back could not be detected during the life time of deceased. X-ray report is not available on record. (iii) As per autopsy report, three ribs were found fractured and broken ribs caused tear on left lung. Cause of death was shock due to injury on left lung and perforation of pelvie colon. (iv) There is no evidence on record to prove that the appellants had common intention to cause death.
(3.) IN State of Haryana vs. Prabhu (AIR 1979 SC 1019) the Apex Court found the accused guilty under Section 325 read with section 149 IPC and observed as under:- ". . IN our opinion it may well be that the fracture of the ribs or at least of some of them was caused as a result of injury No. 6. IN such a situation the laceration on the right lung could not be connected positively with injury No. 3 alone. . . " In State of Andhra Pradesh vs. Naragudem Papireddy (AIR 2004 SC 2787) their Lordships of the Supreme Court indicated thus:- ". . . It is to be noted herein also that if really the intention was to cause the death of this victim we fail to understand why at least one of the assailants did not wield his weapon so as to attack the victim on a vital part of the body. The nature of injuries and the manner of attack as stated by the victims themselves indicates that the respondents did not have either the intention to cause the death of Narsimha Keddy or to cause injuries which they knew to be so imminently dangerous as would cause his death in all probability. " In the instant case also the deceased was attacked with lathis by the appellants therefore all of them can be held guilty of causing grievous hurt with the aid of section 149 IPC. But the fact that no injury was inflicted by the appellants on vital part of the body of the deceased, shows that their intention was not to cause death of the deceased. On a careful examination of the entire prosecution case and the surrounding circumstances, the common object of the unlawful assembly was only to cause grievous hurt and all the appellants can be convicted under Section 325 read with 149 IPC. ;