SHARMA, J. - (1.) OUT of twelve accused put to trial before the learned Special Judge SC/st (Prevention of Atrocities Cases) Jhalawar, six accused viz. Kalu Lal, Chhagan Singh, Badri Lal, Bahadur Singh, Ghanshyam and Lal Chand were convicted and sentenced vide judgment dated June 5, 2003 as under:
(2.) U/s. 302/149 I. P. C. Each to suffer imprisonment for life and fine of Rs. 2000/- , in default to further suffer simple imprisonment for three months. U/s. 304 Part II I. P. C. Each to suffer simple imprisonment for five years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. U/s. 324/149 I. P. C. Each to suffer simple imprisonment for one year and fine of Rs. 300/-, in default to further suffer simple imprisonment for fifteen days. U/s. 323/149 I. P. C. Each to suffer simple imprisonment for six months and fine of Rs. 200/-, in default to further suffer simple imprisonment for ten days. The substantive sentences were ordered to run concurrently. It is the prosecution case that on March 21, 2000 at 1. 20 AM Sub-Inspector of police station Aklera recorded parcha bayan (Ex. P-7) of Smt. Shyam Bai (PW-2) at Govt. Hospital Aklera wherein she stated that in the preceding night around 8-9 PM while she along with her mother and son were going to sleep Kalu, Ram Prasad, Chhagan Singh, Badri Lal, Sujan Singh, Gulab Chand, Lal Chand, Ghanshyam, Laxmi Narain, Durga Lal etc. came armed with Lathis, Gandasi and Ballam (spear) and made assault on them. Ghanshyam inflicted Gandasi blow on her head, whereas Kalu inflicted Gandasi blow on the head of her mother. Hearing cries when their neighbours Gokul and his wife intervened they were also beaten up. On that parcha bayan a case under sections 307, 147, 148 and 149 I. P. C. and section 3 of SC/st Prevention of Atrocities Act, 1989 was registered and investigation commenced. In the course of investigation Gokul and Kanchanbai succumbed to their injuries therefore section 302 I. P. C. was added. Dead bodies were subjected to autopsy. Necessary memos were drawn. Statements of witnesses were recorded. The accused persons 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) Jhalawar. Charges under sections 147, 148, 302, 302/149, 37, 307/149, 323, 323/149 I. P. C. and section 3 (2) (5) of SC/st (PA) Act, 1989 were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 20 witnesses. In the explanation under Sec. 313 Cr. P. C. , the accused claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced six accused as indicated herein above. We have heard the contentions raised before us and with the assistance of learned counsel perused the record. Prior to her death the injuries received by Kanchan Bai were examined and vide injury report (Ex. P-4), she received following injuries: 1. Lacerated wound 1-1/2 x 1/8 x upto bone deep on root of ear left and blow ear of scalp 2. Lacerated wound 1/2 x 1/8 x 1/8 on upper Lt. pinna. After the death, dead body of Kanchan Bai was subjected to post mortem and as per autopsy report (Ex. P-7) drawn by Dr. B. S. Chauhan (PW-20) the cause of death was coma as a result of head injuries extradural hemorrhage on left side of skull and brain part. Gokul vide injury report (Ex. P-1) received following injuries: 1. Incised wound 4 x 1/8 x upto bone deep on Rt. side of mid line of parietal region of frontal region. 2. Incised wound 1-1/2 x 1/8 x upto bone on left forchead. After the death, dead body of Gokul was subjected toautopsy and as per autopsy report (Ex. P-50) drawn by Dr. B. S. Chauhan (PW-20) the cause of death was Head injury.
(3.) SHYAM Bai (PW-2) vide injury report (Ex. P-2) received following injuries : 1. Incised wound 1-1/2 x 1/8 x 1/8 on Rt. parietal region of skull. 2. Incised wound 1 x 1/8 x 1/8 on mid line of parietal region. Jain Singh (PW-6) vide injury report (Ex. P-3) received following injuries: 1. Lacerated wound 1-1/2 x 1/8 x 1/8 on frontal and below the left knee joint 2. Abrasion 1/2 x 1/2 on Rt. shoulder joint. At this juncture it may be noticed that cross case under sections 147, 148, 149 and 323 I. P. C. was registered on the basis of report lodged by Kalu Lal at Police Station Aklera. Copy of FIR (Ex. D-5) has been placed on record. In the said incident accused Badri Lal received following injuries vide injury report Ex. D-8): 1. Incised wound 2-1/2 x 1/8 x 1/8 on middle and transverse from the forearm. 2. Tenderness with abrasion on wrist joint 3. Lacerated wound 1-1/2 x 1/8 x 1/8 on Lt. parietal region of scalp. Vide X-ray report (Ex. D-12) fracture of ulna bone was found. ;