N.N. Mathur, J. - (1.) The appellants Chatter Singh, Om Singh and Khushal Singh all the three sons of Jethu Singh alongwith one Chain Singh have been convicted of offence under Section 302 with the aid of Section 34, IPC and each of them sentenced to imprisonment for life and to pay a fine of Rs. 1,000/-, in default to further undergo 2 years rigorous imprisonment. They have also been convicted for offence under Section 341, IPC and sentenced_to undergo one month simple imprisonment and to pay a fine of Rs. 100/-, in default to further undergo 5 days simple imprisonment. The appellant Om Singh has further been convicted of offence under Section 3/25 of the Indian Arms Act and sentenced to six months regorous imprisonment and to pay a fine of Rs. 200/-, in default of payment to further undergo 7 days simple imprisonment. All the sentences have been ordered to run concurrently.
(2.) The prosecution case as emerged during the trial is that in village Sadu Badi, there existed hostility between two families i.e., of the deceased Choutha Ram and the appellants' father Jethu Singh. The incident alleged to 1 have taken place in the morning of 13.07.2000, while PW. 1 Bhanwar Lal and deceased Choutha Ram were in their way to famine relief work for earning labour. They had hardly travelled a little distance from village abruptly, appellants Chatter Singh, Om Singh, Khushal Singh and Chain Singh armed with lathier, Farsies and gun appeared, surrounded and mounted attack on deceased Choutha Ram. They were shouting that he (Choutha Ram) should be finished and not allowed to go alive. It is further alleged that Chatter Singh gave a lathi blow on the leg of deceased Choutha Ram. Thereafter Khushal Singh gave a farsi blow on the left leg on account of which Choutha Ram fell to down. Chain Singh gave a farsi blow on the left hand of deceased Choutha Ram. All the accused persons indiscriminately pounded the legs and arms of the deceased by inflicting injuries by Lathies and Farsies. Appellant Om Singh was armed with a gun. He also inflicted injuries from butt side of the gun. Appellant Om Singh remained standing carrying gun in hand 15 threatening, if any body comes near Choutha Ram, he would also he killed. The cries attracted PW. 2 Anda Ram, PW. 3 Shanker Ram and PW. 6 Teja Ram on the spot. The assailants considering that Choutha Ram has died went away. Choutha Ram was taken to the Police Station in injured condition. Thereafter he was taken to the hospital, where he succumbed to the injuries. On the basis of the said information, police registered a case against the accused appellants for offence under Sections 302, 341 and 34, IPC and proceeded with investigation. The autopsy was conducted by the Board consisting of two doctors namely PW. 9 Dr. Rajendra Gaur and Dr. Sanjay Garg vide Exhibit P-8. The Board noticed following injuries on the person of the deceased Choutha Ram: (1) Lacerated wound 5 x 1 112 cm muscle deep, located on upper part of Right leg. Irregular margins. (2) Stab wound 2.5 cm x 1 cm x 3.5 cm bone deep on the ant. surface of right leg (middle portion) margins sharp and clear. (3) Lacerated wound 4 cm x 2 cm muscle deep on the ant. surface of middle portion of right leg with rough margin. (4) Stab wound 3 cm x 2 cm x 4 cm with cutting of middle portion of soft of tibia with fracture of the tibia bone, on the anterior surface of middle portion of right leg. This injury is adjacent to the Injury 35 No. 3. Margins are sharp with full of fluid blood. (5) Lacerated wound 4 cm x 2 cm x bone deep with rough margins on the lower third of right leg. (6) Stab wound 3 cm x 1.5 cm x 3.2 cm on the medial surface of middle portion of left leg with sharp and clear margins. Wound is 40 full with blood fluid. (7) Lacerated wound 2 cm x 1/2 cm x muscle deep on the middle portion of the left leg. (8) Fracture and dislocation of left knee joint with broken lower portion of left femur at its lower portion with huge swelling of left 45 knee joint. (9) Lacerated wound 2 cm x 0.5 cm x muscle deep lateral and lower portion of left arm with rough margin. (10) Lacerated wound 2 cm x 0.5 cm x muscle deep lateral and lower portion of left arm near to Injury No. 9. 50 (11) Incised wound 1.5 cm x 1/2 cm x muscle deep on the dorsal surface of left wrist with clear margin. 466 Western Law Cases (Raj.) 2006 (1) (12) Bruise 10 cm x 2.5 cm on lateral surface of left arm. (13) Bruise 11 cm x 2 cm on the left lower portion of the back obliquely placed. (14) Bruise 7 cm x 3 cm on lateral surface of right arm. The Board noticed three stab wounds on left leg and fracture of the tibia. There were about ten bruises and laceration. All the injuries were ante mortem in nature. In the opinion of the Board the deceased died due to shock and haemorrhage on account of multiple injuries.
(3.) The accused persons were arrested; recoveries of weapon of offence 11) were made in pursuance of the information given by them. After usual investigation, police laid charge-sheet against the appellants for offence under Sections 302, 302/34 and 341 IPC. The appellants pleaded not guilty and claimed trial. The prosecution adduced oral and documentary evidence to prove its case. In statement under Section 313 of the Code of Criminal 15 Procedure, the appellants denied the correctness of the prosecution evidence appearing against them. The appellants Chatter Singh stated that a quarrel had taken place between Choutha Ram and Bhanwar Lal as to the Muster Roll of the famine relief work. In the scuffle Bhanwar Lal inflicted injuries to Choutha Ram, which resulted into his death. They have been falsely implicated on account of enmity. The trial Court found the prosecution case proved and as such convicted and sentenced the appellants in the manner indicated above.;