SHARMA, J. - (1.) THE appellants, four in number, were put to trial before the learned Additional Sessions Judge (Fast Track) No. 1 Bundi, who vide judgment dated December 6, 2003 convicted and sentenced them as under:- Pratap, Harlal, Issar and Mohan Lal: u/s. 302 IPC: Each to suffer imprisonment for life and fine Rs. 5000, in default to further suffer three months simple imprisonment. Pratap, Harlal and Issar: u/s. 364 IPC: Each to suffer imprisonment for life and fine Rs. 2000/- in default to further suffer one month simple imprisonment. u/s. 341 IPC: Each to suffer simple imprisonment for one month and fine Rs. 500/- in default to further suffer simple imprisonment for five days. Substantive sentences were ordered to run concurrently.
(2.) THE prosecution case as unfolded during trial is as under:- Manbhar Bai (PW. 12) the informant, on October 28, 2000 at 8 PM handed over a written report (Ex. P. 1) at village Ganeshji ka Jhonpra to SHO Police Station Talera. THE report was scribed by Dhanna Lal (PW. 1 ). It was inter alia stated in the report that in the evening on that day while she was coming from her field after reaping soyabean and reached near the houses of Latoor and Ganga Ram, she heard cries of some body who was asking for drinking water. When she reached near the person, she found that her brother in law (Devar) Ram Raj was lying there. On being enquired as to what had happened, Ram Raj told her that Pratapa, Issar and Har Lal brought him from small bridge of village Namana and beat him with stones and Mohan Lal cut him with sword. At that time her Nanad (sister in law) Nandu Bai also arrived. In the process of whispering and crying, Ram Raj succumbed to his injuries. On that report a case under Section 302/34 IPC was registered by the SHO and report was sent through Chauth Mal FC 278 to Police Station Talera where formal FIR No. 275/2000 was registered by Pukh Raj Saran S. I. A copy of FIR was taken by Chauth Mal for the purpose of investigation by SHO, who remained at village Ganeshji ka Jhonpra. THE SHO drew necessary memos and removed the dead body of Ram Raj to Bundi Hospital. Autopsy on the dead body was performed, statement 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 Additional Sessions Judge (Fast Track) No. 1 Bundi. Charges under Sections 302, 341 and 364 IPC were framed against the appellants, who denied the charges and claimed trial. THE prosecution in support of its case examined as may as 21 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above. We have heard the learned counsel for the parties and carefully scrutinised the material on record. Indisputably the death of Ramraj is homicidal in nature. As per post mortem report (Ex. P. 11) he received following injuries:- 1. Incised wound with sharp margin clotted blood and the related muscles, vessels and tendon are cut down 11 x 5 x 4 cm at antero medal aspect of left elbow bones are (radius and ulna) cut down with sharp edges (oblique) 2. Incised wound with sharp margin clotted blood + 9 x 4 x 3 cm at anterior aspect of upper part of left left by which tibia and fibula cut down bony sper coming out. 3. Incised wound 4 x 1. 5 x 1cm at medial with sharp margin aspect of middle region of ring finger of left hand phalanges cut down (transverse) 4. Incised wound with sharp margin 7 x 4 x 3 cm at medial aspect of left knee (transverse) by which tender vessels and muscles cut down lower end of medial condyle of femur is fractured (cut down) 5. Bruise (reddish) 17 x 12 cm at anter medial aspect of lower part of left thigh there with fracture of lower and of femur (left) 6. Bruise (reddish) 6 x 3 cm at left scapular region. In the opinion of Dr. O. P. Verma (PW. 6) the cause of death was haemorrhagic shock due to injuries No. 1, 2 & 4. Taking conspectus of the prosecution evidence we notice that informant Manbhar Bai (PW. 12), Nandu Bai (PW. 19), Smt. Badam (PW. 9) and Ramdeva (PW. 3) are the star witnesses of the prosecution. Then comes the evidence of SHO Ganga Sahai (PW. 20) and Constable Chauth Mal (PW. 17 ). The appellants examined two defence witnesses viz. Bheru (DW. 1) and Ganga Ram (DW 2) to establish that Manbhar Bai and Nandu Bai were not present at village Ganeshji ka Jhonpra on the date of incident. Let us now proceed to consider the evidence adduced at the trial of aforequoted witnesses. Informant Manbhar Bai (PW. 12) in her deposition stated that while she along with her Nanad Nandu Bai were coming back from her field after reaping soyabean and reached near the house of Latoor and Ganga Ram, she heard cries of some body who was asking for drinking water. When she reached near the person, she found that her brother in law (Devar) Ram Raj was lying there. On being enquired as to what had happened, Ram Raj told her that Pratapa, Issar and Har Lal brought him from small bridge of village Namana and beat him with stones and Mohan Lal cut him with sword. After uttering these words Ram Raj died. After some time Badam Bai reached there and told her that Ram Raj was taken on Motor cycle by Pratap, Issar and Har Lal and Ram Raj was crying for help. In the cross examination Manbhar Bai stated that the land from where she was coming after reaping Soyabean belonged to Ganeshji but she did not know the name of the field. She also did not know as to who were the neighbours of th field. She admitted that her in laws house did situate at village Shrawan ka Jhopara. She admitted that in the FIR she did not state that Nandu Rai was coming with her. Nandu Bai was real sister of deceased Ram Raj. She did not know as to on which side of Ram Raj she was standing. Ram Raj did not give her the details of incident. She also could not explain as to on which part of body Ram Raj had sustained injuries. She also did not know as to whether Ram Raj was speaking fluently or with some difficulty. Nandu Bai (PW. 19) corroborated the testimony of Manbhar Bai. In the cross examination Nandu Bai admitted that she was a resident of village Namana. According to her she came to her parental house at Ganesh ji ka Jhonpra a day prior to Diwali.
(3.) BADAM (PW. 9) deposed that she saw a motor cycle driven by Harlal and Issar and Pratap along with Ram Raj were sitting on the rear seat. Ram Raj was crying loudly for help. For about one hour she remained in her house. After one hour when she was going to the village she heard cries of Manbhar and Nandu who were weeping and near them Ram Raj was lying. She then told Manbhar that Pratap, Issar and Har Lal took Ram Raj on Motor cycle. In turn Manbhar Informed her that Pratap, Issar and Har Lal killed Ram Raj. In the cross examination she admitted that Ram Raj was son of her Masi (maternal aunt) and her Sasural was at Prempura. She also stated that her statement was recorded by the police after three days of the incident. Ramdeva (PW. 3) deposed that for the last five seven months prior to the incident he employed Ram Raj for grazing his cows. The cows used to return the home around 3 PM daily, on the fateful day when his cows did not return back, he proceeded to search them. In the process of searching the cows when he reached near the house of Latoor, he saw Mohan Lal causing injuries with sword on the person of Ram Raj, whereas Pratap, Issar and Harlal were inflicting blows with stones. Since he became frightened he did not go to the house of Ram Raj and came back to his own house. Learned trial Court however did not find Ramdeva a reliable witness and discard his evidence. Ganga Sahai (PW. 20) was the Investigating Officer of the case. In his deposition he stated that on October 28, 2000 he was posted as SHO at Police Station Talera. On that day around 7. 20 PM he received a telephonic call about the quarrel between Gurjars at Ganeshji ka Jhonpra. After making entery in the Rojnamcha he proceeded to Ganeshji ka Jhonpra with Chauth Mal FC where informant Manbhar Bai handed over a written report. The written report was sent by him through Constable Chauth Mal to Police Station for registering the formal FIR. Thereafter he conducted the investigation, removed the dead body of Ram Raj to Bundi Hospital and drew necessary memos. In the cross examination Ganga Sahai stated that on reaching the place of incident he found many persons gathered there. He saw the dead body lying there. He enquired from the persons about the name of the deceased but nobody did care to reply his quarry. He then straightway went to the village and asked the villagers as to who was the deceased, but nobody gave satisfactory reply. Thereafter a lady went inside the house, got the report written and handed over to him. He made endorsement on the report and sent it to the police station through a Constable. ;