N.N. Mathur, J. - (1.) The appellants herein are four brothers A-1 Babu Lal, A-2 Kanhaiya Lal, A-3 Chiran ji Lal and A-4 Ved Prakash being the sons of Sita Ram. The other appellants are A-5 Smt. Kanta W/o A-3 Chiranji Lal, A-6 Smt. Leela @ Vijay Laxmi W/o A-I Babu Lal and A-7 Smt. Indira W/o A-2 Kanhaiya Lal. They have been convicted and sentenced by the judgment of the Additional Sessions Judge (Fast Track), Churu dated 1.4.2003 as follows: JUDGEMENT_120_LAWS(RAJ)7_2006.htm All the sentences have been ordered to run concurrently.
(2.) The factual scenario as emerged during the trial is that the three brothers Sohanlal (deceased), Banwarilal (deceased) and Sita Ram (father of the appellants) had a dispute pertaining to a land known as field of Prem Chand at the outskirt of.Village Ratan Nagar. It is alleged that on the date of incident i.e., 19.8.2000 at about 6 A.M. deceased Sohanlal and Banwarilal went to the field for ploughing the land. They were followed by PW-4 Budh Mal, PW-5 Sita Devi, PW-11 Jayana Devi and Dharamvir. They reached at the field at about 7.30 A.M. While they were in the field, ploughing the field the appellants Babu Lal with a Jayee, Kanhaiya Lal with Gandasi, Ved Prakash with a Kasiya, Chiranji Lal and other ladies namely Munni @ Leela, Indira, Kanta and Suman with lathies arrived and mounted attack on Sohanlal and Banwarilal. PW-4 Budh Mal, Dharamvir, PW-5 Sita Devi and P-11 Jayana raised voice to attract the villagers. All the accused persons ran away. The incident was reported by PW-4 Budh Mal in Village Ratan Nagar. He also arranged a Jeep and took the injured Sohan lal and Banwari lal to the Hospital at Churu. Sohanlal succumbed to the injuries on the way. PW-4 Budh Mal lodged an oral First Information Report at Police Station, Ratan Nagar at 10 A.M. On this information police registered a case and proceeded with investigation. The police inspected the site and prepared the site plan. The police also prepared the inquest memo and sent the dead body for postmortem. A Medical Board consisting of Dr. Mahesh Joshi, Dr. M.L. Wadhwani and PW-1 Dr. Anwar Ali conducted the postmortem on the dead bodies of Sohanlal and Banwarilal vide Ex.P-1 and P-2 respectively. The Medical Board noticed following injuries on the dead body of Sohanlal: (1) Abrasion proximal Phalanx of right index finger 1 cm x.5 cm. (2) Lacerated wound 1 cm x.7 cm x bone deep on right mastoid region. (3) Lacerated wound 5 cm x 1 cm x bone deep on right occipita parietal region; obliquely placed clotted blood present over it. (4) Multiple bruises intermingled with each other and bruised area is 16 cm x 12 cm on the pastero lateral aspect of chest on right side at the level of inferior angle of scapula. (5) Two parallel bruises - 11cm x 2.5 cm and 9.5 cm x 2.5 cm placed 2 cm apart from each other on pastero lateral aspect of right side of chest, 5 cm below injuries No. 4. (6) A bruise 8.5 cm x 4 cm on the back of chest & adjacent to right lumber region (renal angle). In the opinion of the medical board the cause of death of Sohanlal was shock due to internal haemorrhage from injury to right lung, liver and right kidney' The Medical Board also noticed following injuries on the dead body of Banwari lal: (1) Wound stitched length 5 cm on left maxillary region. (2) Stitched wound 4 cm length across upper portion of bridge of nose. (3) Stitched wound 6 cm length on left side of forehead. (4) Stitched wound 5.5 cm length on left side of forehead placed transversely. (5) Stitched wound 6 cm long obliquely vertical on right side forehead. (6) Stitched wound 4 cm long parallel & 1 cm lat to injury No. 5. (7) Stitched wound 6.0 cm long on left fronto parietal region placed obliquely vertical. (8) Stitched wound 5.5 cm length on dorsum of left hand. (9) Stitched wound 4.5 cm length on left forearm, near wrist, dorsal aspect. (10) Linear abrasion on left thigh of lower ⅓ anterior, 5cm length. (11) Bruise on left thigh, left thigh anterior, middle portion 10 cm x 2 cm. (12) Abraded bruise 6 cm x 1 cm just below right costal margin anteriorly., (13) Abrasion 5 cm x 1 cm. On left hypochondrium and adjacent portion of chest. (14) Bruise 10 cm x 2 cm on left side chest just above nipple. (15) Abrasion 1 cm x 0.5 cm. On right side of chest just below nipple. (16) Bruise 6 cm x 4 cm antero lateral aspect of upper portion of left arm. (17) Diffuse swelling on middle portion of left arm. (18) Bruise 5 cm x 2 cm on upper part of left shoulder region. In the opinion of the Medical Board the cause of death was coma due to head injury. After usual investigation police laid charge-sheet against the appellants for the offences under Sections 148, 147, 302 & 447 I.P.C.
(3.) The appellants denied the charges levelled against them and claimed trial. The prosecution in order to prove its case adduced oral and documentary evidence. The appellants in their statements under Section 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against them. The trial Court having found the prosecution case proved convicted and sentenced the appellants in the manner stated above.;