M.L. Shrimal, J. - (1.) This revision petition is directed against the judgment of learned Additional Sessions Judge, Sirohi, dated 26 -4 -1972, upholding the judgment of Munsif Magistrate, Bali, dated 31 -7 -1971, whereby he convicted and sentenced all the accused -petitioners as under: - -
(2.) Petitioners Hansaram. Jawanaram and Verdaram, are brothers. Jasaram and Chunnilal are their uncles and Hemaram is brother -in -law of accused -petitioners Jasaram and Chunnilal. Victim PW3 Kapuraram is the nephew of the other victim PW1 Magaram. The whereabouts of one Jota Ram, nephew of PW1 Magaram, were not known for the last 8 or 10 years. Accused Verdaram managed to perform Natra marriage with Jotaram's wife, as a result of which relations between the injured persons and the accused became strained PW1 Magaram made certain complaints to the State Vigilance Department, which infuriated the accused.
(3.) The prosecution case as disclosed at the trial, is that on 12 -3 -1966, in between 11 to 12, a.m., the accused -petitioners formed an unlawful assembly. The common object of the assembly was to belabour PW1 Magaram and PW3 Kapuraram. In prosecution of that common object all the six accused came together near the shop of Narayan betel merchant. At that time Hansa Ram was ruined with a 'kunt', Jawanaram with an axe, Verdaram with a 'kunt', Jasaram and Hemaram were armed with 'lathis' and Chunnilal was empty handed. PW3 Kapuraram who happened to pass by that way, noticed the presence of the accused persons standing near Narayan betel merchant's shop. While going to his uncle PW1 Magaram's shop, he suspected some foul play on the part of the accused and as such took a short -cut and wanted to go to his shop by going behind the shop of Narayan betel merchant. He was noticed doing so by the accused and all of them raised a cry 'beat, beat' and chased him. In order to save himself from the assault he went inside the shop of Mahashakti Steel Corporation. The accused also followed him and gave beating to him. Kapuraram sustained nine injuries at the hands of the accused -persons. He raised an alarm, which attracted PW1 Magaram and PW4 Madanlal. PW1 Magaram tried to intervene but he was also belaboured and he sustained four injuries at the hands of the accused. The hue and cry raised by Kapuraram and Magaram attracted PW5 Hansaram, PW6 Venia and PW7 Rugha, on the scene of occurrence. After the arrival of the above mentioned three witnesses the accused took to their heels. The prosecution case further is that as Magaram's injuries were severe and his condition was serious, both the injured PW1 Magaram and PW3 Kapuraram were taken to the hospital at Shivganj. The first aid to the injured was provided by the compounder at Shivganj. As the doctor was not available, they were later on taken to Sirohi. First information report of this occurrence was lodged at the police station, Sirohi, at about 3.30 p.m. by PW3 Kapuraram. As the offence was committed within the territorial jurisdiction of police station, Sumerpur, this FIR was sent at the police station, Sumerpur, for investigation. The FIR has been marked as Ex. P/3. Kapuraram was clinically examined by PW3 Dr. Laxmi Narayan Agarwal, who noticed the following injuries on his person: - - 1. Abrasion 2 1/2" x 1/4" x superficial on the dorso -medial aspect of the right forearm 3" above the wrist joint. 2. Abrasion transverse 3" linear on the left side of the back from the left inferior angle of the scapulla. 3. Abrasion 1 3/4" linear on the right side of the back 5" from the right inferior angle of the scuppla. 4. Haemotoma (swelling) 1 1/4" x 1" x raised on the medial line of the scalp 7" from the nasione. 5. Incised wound gone underlying the wound (fikula) partially out 1 1/2" x 1/2" x bone deep on the anterior aspect of the right leg 4" above the ankle joint. 6. Incised wound 1/2" x 1/8" x skin deep on the dorsal aspect of the first phallynx of the right index finger. 7. Abrasion 1/4" x 1/8" x skin peded of on the anterior aspect and first and second phallynxes. 8. Abrasion 1 1/2" x 1/2" x superficial on the anterior medial aspect of the left forearm 2 1/2" below left elbow joint. 9. Ah asion 3/4" x 1/4" x superficial on the antero -medial aspect of the left forearm 2 1/4'' above the left wrist joint. Our of nine injuries sustained by Kapuraram the injuries nos. 5 and 6 were found to have sustained by sharp edged weapon. PW1 Magaram was also clinically examined on the same day by the same doctor, who noticed the following injuries on his person: 1. Curved incised wound cut feadon and fibula bone seen through the lower part of the wound with cuvexity upward 3 1/2" x 1" sectioning the bone. 2. Incised wound transverse oblique cut ul(sic)a bone is seen 1" x 1/2" x sectioning the bone. 3. Abrasion transverse 3/4 x 1/2" x superificial. 4. Abrasion 1" x 1/2" x superficial. Out of the four injuries sustained by Magaram injuries Nos. 1 and 2 were found to have been caused by shard edged weapon, which were also found to be grievous. The police after usual investigation submitted a challan against all the six accused persons in the court of Munsif -Magistrate, Bali. The accused pleaded not guilty to the charge and the prosecution examined 15 witnesses in support of their case out of whom PW3 Kapuraram, and PW1 Maga Ram are injured persons. PW4 Madanlal, PW5 Hansaram, PW6 Venia and PW7 Rugha are the eye witnesses of the occurrence. The accused Hemaram, Jasaram and Verdaram pleaded alibi in their statements recorded under Sec. 342, Cr.P.C. Accused Hansaram and Jawanaram stated in their statements recorded under Sec. 312, CrPC., that the prosecution had put only a truncated version of the occurrence. According to them they were belaboured by Kapuraram, Magaram and their associates. In support of their plea they produced Ex. D/7 a FIR of the counter case and their injury reports Ex. D/9. D/10 and D/11. Accused Chunnilal stated that he went to rescue Hansaram and Jawanaram, but he was also not spared by the members of the complainant -party. The accused -petitioners examined three witnesses in support of their case. The learned Magistrate after scanning the evidence placing reliance on the statements of the two injured supported by four eye witnesses, held that all the six accused formed unlawful assembly with the common object to belabour PW3 Kapuraram and PW1 Magaram and in the course of the prosecution of that object PW1 Magaram and PW3 Kapuraram sustained simple and grievous hurts by blunt and sharp edged weapons at the hands of the accused He found the defence evidence to be unreliable and held that the accused were aggressors and the prosecution case judged from whatever stand could not be branded as false one. On the basis of the above findings be convicted and sentenced the accused as mentioned above.;