SHARMA, J. - (1.) THERE are no bad soldiers, only bad officers'' - this conviction guided NAPOLEON in all his military campaigns. The efficiency of the undertaking civil military or commercial is to a very great extent affected by the moral of its members. An efficient Police Service, therefore, postulates the maintenance of goods moral in its members. Shiv Pal Singh, a police officer, did not attain goods moral and his dead body was found lying in a pool of blood in the house of appellant Badru Ram, who along with other nine accused, was put to trial, before the learned Additional Sessions Judge (Fast Track) No. 2 Jhunjhunu. Learned Judge vide judgment dated September 2, 2005 convicted and sentenced eight appellants as under:- Appellants Badru Ram, Sheesh Ram, Mahesh, Sita Ram, Smt. Nandi, Smt. Nanchi, Smt. Lalita and Smt. Jamna: u/s. 148 IPC: Each to suffer rigorous imprisonment for three years fine of Rs. 50/-, in default to further suffer simple imprisonment for seven days. u/s. 353/149 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 50/-, in default to further suffer simple imprisonment for seven days. u/s. 332/149 IPC: Each to suffer rigorous imprisonment for three years and fine of Rs. 50/-, in default to further suffer simple imprisonment for seven days. u/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 100/-, in default to further suffer simple imprisonment for fifteen days. The substantive sentences were ordered to run concurrently. Two accused viz. Shiv Lal died during trial and Chameli stood acquitted of all the charges.
(2.) THE prosecution story is woven like thus:- On November 12, 1999 at 7. 00 AM first informant Narendra Meena, Circle Inspector Jhunjhunu (PW. 1) submitted a written report at Police Station Baggad to the effect that in the intervening night of November 11 & 12, 1999 at 1. 45 AM on receiving information from Shivpal Singh SHO PS Baggad that the incident occurred in village Rekha-ki-dhani and two persons viz. Kamal Kumar and Om Prakash were killed, he alone with Shiv Pal Singh reached to the spot and around 3. 30 AM arrested accused Lichhman Ram and Ramavtar who were involved in the case. Informant took with him the arrested persons and came back to the police station but Shiv Pal Singh remained at the spot. After some time police personnels viz. Rajendra Singh, Om Prakash, Vidyadhar and Pradeep Kumar came to the police station and informed that Badru Ram, Sheesh Ram, Mahesh, Shivlal, Sita Ram and the ladies of their family attacked Shivpal Singh and snatched his service revolver. THE police rushed to the spot and found dead body of Shiv Pal Singh lying inside the house of Badru Ram. A case was registered against the assailants 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. 2 Jhunjhunu. Charges under Sections 147, 148, 302, 302/149, 332, 353 and 396/397 IPC were framed against the appellants, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 30 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Accused Chameli stated that Shivpal Singh Thanedar scaled the boundary wall of her house and made attempt to commit rape on her she raised hue and cry and in the attempt to save herself she gave 4-5 blows with lathi on the person of Shiv Pal Singh. THEreupon Shiv Pal Singh opened fire from his revolver and injured her and her family members. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above. Learned counsel for the appellants vehemently assailed the findings of trial Judge and prayed to quash and set aside the impugned judgment. Per contra, learned Public Prosecutor supported the impugned findings and urged that the appellant was rightly convicted and sentenced. We have pondered over the submissions and with the assistance of learned counsel carefully scanned the record. Indisputably death of deceased Shivpal Singh was homicidal in nature. As per post mortem report (Ex. P. 73) as many as 33 antemortem injuries were found on the dead body. In the opinion of Dr. J. P. Bugaliya (PW. 24), who conducted autopsy on the dead body, the cause of death was haemorrhagic shock due to internal and external haemorrhage and coma due to head injury. In the same incident the accused persons also received injuries, appellant Badru Ram vide injury report (Ex. P. 74) received following injuries:- 1. Lacerated wound 3 cm x 1. 5 cm x 1/2 cm on superior side of root of left Ext. pinna. 2. Abrasion 1 cm x 1 cm on Ant. side of Rt. knee just below lower region of patella. Appellant Sheesh Ram vide injury report (Ex. P. 75) received following injuries:- 1. Lacerated wound 3 cm x 1/3 cm x scalp deep on posterior side of head on Lt. occipital area. 2. Abrasion 2. 5 cm x 1. 5 cm on Ant. side of chin 3. Bruise 5 cm x 4 cm on external side of Rt. forearm at joint of proximal 2/3 distal 4. Abrasion 1 1/2 cm x 1 1/2 cm posterior surface of Rt. heal. Appellant Mahesh vide injury report (Ex. P. 76) received following injuries:- 1. Abrasion 3 cm x 1/3 cm on Rt. side of forehead just posterior to anterior hairline 2. Lacerated Wound 2. 5 x 1/2 x skin deep on Lt. side of face 1/2 cm below Lt. eye. 3. Lacerated Wound 2 cm x 1/2 cm x skin deep on upper lips just below Rt. alaf nose. 4. Bruise 13 cm x 3 cm on back of lt. shoulder. 5. Bruise 8 cm x 2. 5 cm on posterior lateral aspect of Lt. shoulder. 6. Bruise 10 cm x 2. 5 cm on lateral side of chest in lower part. 7. Bruise 6 cm x 2. 5 cm on post side of middle of lt. arm 8. Two lenior abrasions on ant. side of Rt. leg in lower 1/3 part. Appellant Jamuna vide injury report (Ex. P. 80) received one lacerated wound 1/2 cm x 1/4 cm x skin deep on Rt. side of forehead just lateral to midline. Chameli who stood acquitted also sustained fire arm injuries.
(3.) THE prosecution examined Vidyadhar (PW. 2), Pradeep Kumar Sharma (PW. 3), Rajendra Singh (PW. 8) and Om Prakash (PW. 9) as the eye witnesses of the occurrence. All these witnesses are police personnels. Vidyadhar (PW. 2) in his deposition stated that in the month of November, 1999 he was posted as Constable at Police Station Baggad. In the intervening night of November 11 and 12, 1999 he along with Shiv Pal Singh SHO, Ganesh Ram Constable Pradeep, Rajendra, Om Prakash, Surendra Driver, Narendra Singh, Dy. S. P. , Hari Singh Gunman, Bhanwar Singh, Driver Hari Singh, Ram Singh and Vinod Kumar reached to the house of Badru Ram in connection with investigation of case No. 248/99. THEy started from the police station around 3. 30 AM in the night. THE gate of the house of Badru Ram was opened by four ladies. On inquiring about Badru Ram, the ladies asked as to why they came in the night to their house. At that time two accused Viz. Ramavatar and Laxman had surrendered who were taken by Narendra Singh, Dy. SP to the police station along with the police squad. Shiv Pal Singh, Rajendra, Pradeep Kumar, Om Prakash, Surendra and he himself remained there Shiv Pal Singh then entered the house of Badru Ram. THE ladies, who were armed with lathis, attacked Shiv Pal Singh, meanwhile male persons also started beating Shiv Pal Singh. Shiv Pal Singh then opened 4-5 fires from his service revolver. He and other constables could not make any attempt to save Shiv Pal Singh since they were having small lathis and the assailants were more in number. THEy came back to police station for procuring the help of police squad. When they went again to the spot they found the dead body of Shiv Pal Singh lying in a pool of blood inside the house of Badru Ram. In his cross examination he admitted that he heard that Chameli had received fire-arm injuries. He also admitted that he and other constables did not receive any injury on their person. Pradeep Kumar (PW. 3), Rajendra Singh (PW. 8) and Om Prakash (PW. 9) corroborated the testimony of Vidyadhar. A conjoint reading of testimony of Vidyadhar, Pradeep Kumar, Rajendra Singh and Om Prakash reveals that since they did not enter inside the house of Badru Ram it was not possible for them to see the occurrence. It could also not be established beyond reasonable doubt that they knew the appellants previously. Shiv Kumar (PW. 27), in whose presence blood stained clothes of Chameli were seized, in his cross examination deposed that accused Chameli was admitted to the hospital and there was a cut over her Salwar. Ram Gopal Vishnoi, IO (PW. 26) admitted that Chameli was arrested from the hospital. Dr. J. P. Bugaliya (PW. 24) deposed that he examined Chameli while she was admitted in Female Surgical ward of BDK hospital. According to Dr. J. P. Bugaliya, who drew her injury report (Ex. P. 79), there was a fire arm injury on her left thigh. Kiran, Constable No. 643 (PW. 17) deposed that in her presence Chameli was arrested on November 22, 1999 at that time Shiv Kumar ASI was with her. Mahaveer Prasad, Constable (PW. 12) in his deposition stated that around 3. 30 AM he alongwith Shiv Pal Singh and other police officers proceeded from the police station. On reaching the house of Badru Ram when no response was given from inside the house one of them scaled the house. He however admitted in his cross examination that Shiv Pal Singh was not attacked in his presence. ;