SHARMA, J. - (1.) THE appellants, nine in number, along with three co-accused were indicted before the learned Additional Sessions Judge (Fast Track) No. 1, Bundi, who while acquitting co-accused, convicted and sentenced the appellants as under:- Rama @ Ram Lal: u/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 5000.00, in default to further suffer simple imprisonment for six months. u/s. 326/149 IPC: To suffer rigorous imprisonment for four years and fine of Rs. 2000.00 in default to further suffer simple imprisonment for two months. u/s. 324/149 IPC: To suffer rigorous imprisonment for one year. u/s. 323/149 IPC: To suffer simple imprisonment for three months. Heera Lal, Sheoji, Rameshwar @ Ramu, Panna Lal, Prem Shankar @ Prema, Ram Ratan @ Ratan @ Ratan Lal, Moti Lal @ Moti, Dhuli Lal @ Dhuliya: u/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 5000.00 , in default to further suffer rigorous imprisonment for six months. u/s. 326/149 IPC: Each to suffer rigorous imprisonment for four years and fine of Rs. 2000.00 in default to further suffer simple imprisonment for two months. u/s. 324/149 IPC: Each to suffer rigorous imprisonment for one year. u/s. 323/149 IPC: Each to suffer simple imprisonment for three months. THE substantive sentences were ordered to run concurrently. THE aforequoted findings have been impugned in the instant appeals.
(2.) AS per prosecution story informant Sohan Lal (PW. 15), who was admitted to Government Hospital Bundi on October 25, 1999, in his parcha bayan (Ex. P. 26) stated that around 12 Noon on the said day the accused inflicted injuries with axes and lathis on the person of Kalyan who died on the spot. In the course of incident he (Sohan Lal) and Bholu also sustained injuries. The incident occurred because the appellants intended to commit trespass over Charagah (pasture) land and Kalyan forbade them from doing the said act. On the basis of aforesaid parcha bayan, a case under Sections 147, 148, 149, 302, 326, 324 and 307 IPC and section 3 SC/st (PA) Act was registered and investigation commenced. Dead body of Kalyan was subjected to autopsy, other necessary memos were drawn, statements of witnesses were recorded, the accused were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Bundi. Charges under Sections 302, 302/149, 307/149, 323/149, 324, 324/149, 120b, 147 and 148 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 22 witnesses. In the explanation under Sec. 313 Cr. P. C. , the accused claimed innocence and pleaded right of private defence. Seven witnesses in support of defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated hereinabove. We have heard rival submissions and perused material on record. Death of Kalyan was concededly homicidal in nature. As per post mortem report (Ex. P. 22) following ante mortem injuries were found on the dead body:- Incised wound 6 x 1 1/2 x 3" curve shaped on parito frontal area of scalp in central part vertical in direction. Head and parital side margin sharp and clear cut edge. Frontal and parietal bone also cut underneath the wound. Bony margin also sharp edge other side part of cut bone become and easily left up and bony pieces move easily. Brain matter exposed and lacerated blood stain present on the margin of wound. In the opinion of Dr. T. C. Mahawar (PW. 3) the cause of death was coma due to intra cranial hemorrhage and injury to brain. Other members of complainant party also sustained injuries in the course of incident. Bholu (PW. 17) vide injury report (Ex. P. 19) sustained following injuries: 1. Bruise (Red) 10 x 3 cm on Rt. arm 2. Lacerated wound 3 x 1/2 x 1/2 cm on left side frontal region of scalp simple. Following injuries were found on the person of Lakha (PW. 9) vide injury report (Ex. P. 20):- 1. Lacerated wound 1/2 x 1/4 x 1/4 cm on middle of Rt. leg simple 2. Incised wound 8 x 1 x 2 cm on left infra scapula region of chest. 3. Incised wound 5 x 1/2 x 1/2 cm on fronto parietal region of Rt. side scalp. Sohan (PW. 15) vide injury report (Ex. P. 21) received following injuries:- 1. Lacerated wound 1 1/2 x 1/2 x 1/2 cm on Rt. parietal region of scalp. simple 2. Abrasion 7 x 1/10 cm on Rt. deltoid region of arm. simple 3. Lacerated wound 1 1/2 x 1/2 x 1/3 cm on Rt. lower third part of forearm. simple 4. Bruise 2 x 1cm on left arm simple At this juncture injuries sustained by the accused party may also be noticed. Accused Sheoji vide injury report (Ex. D. 1a) received following injuries:- 1. Abrasion 1/10 x 1/10 cm on proximal part of right hand 2. Lacerated wound 1 x 1/2 x 1/4 cm on left middle part of leg. 3. C/o pain on back. Accused Rameshwar vide injury report (Ex. D. 2a) received following injuries:- 1. Abrasion 1 x 1 cm on left lower third part of forearm. 2. Lacerated wound 3 x 1/2 x 1/4 cm on left side frontal region of scalp 3. Bruise 1 x 1 cm on Rt. knee On X-ray vide X-ray report (Ex. D. 3a) fracture of lower third part of radius bone was found and the injury was found to be grievous in nature.
(3.) THE prosecution case is primarily founded on the testimony of Net Ram (PW. 1), Bholu (PW. 17), Lakha (PW. 9) and Sohan Lal (PW. 15 ). Having closely scanned the evidence of these witnesses we find that in his cross examination Net Ram (PW. 1) stated that incident was over much prior to the arrival of Rama Kumhar at the scene of occurrence. He further stated that although the persons belonging to village Khunetia (accused party) used to plough the disputed land, the villagers of Sinti (complainant party) intended to oust them. He further deposed thus:- ...[VERNACULAR TEXT OMMITED]... Lakha (PW. 9) in his deposition stated that on reaching the place of incident he saw that deceased when forbade the appellants from grazing pasture land, he was beaten to death by the appellants. In his cross examination, he however admitted that the pasture land was in the possession of the appellants but after the incident the wife of deceased took over its possession. Relevant part of his statement reads as under:- ...[VERNACULAR TEXT OMMITED]... Evidence of Sohan Lal and Lakha gets corroboration from the testimony of Net Ram (PW. 1) and Bholu (PW. 17 ).;