M.L. Shrimal, J. - (1.) THIS appeal has been directed against the judgment dated November 27, 1971 of the learned Ss. Judge, Pali, whereby he convicted the accused appellants. Mehanduda and Madia for committing the murder of Jeewan (Since deceased) and causing injuries to PW 1 Mst. Sarwani, PW 5 Sarwan and PW 8 Harji and sentenced them as under: - - JUDGEMENT_27_LAWS(RAJ)4_1976.htm ... One year's rigorous imprisonment each for causing simple injuries on the person of Sarwani and Sarwan i.e. two years' rigorous imprisonment both the sentences were ordered to run concurrently. The other three accused viz. Kishna, Heera and Chouthia were acquitted of all the charges framed against them. Accused Chhoga son of Raju was found to be absconding and as such no order was passed regarding him.
(2.) THE fields of Jeewan (since deceased) and his father PW 11 Bakhta are adjacent to the fields of secured Mahenduda, Kishne and others. The fields of PW 11 Bakhta, father of the deceased, were being irrigated by the well known as "Dhedki" and the fields of the accused were irrigated by the well "Dhed". There are three 'neem' trees growing on the southern side of the water course passing near the well "Dhed'' There was a long standing dispute regarding the ownership of these trees between the family members of Jeewan (deceased) and the family members of accused Mahanduda. On the date of occurrence, that is, December 26, 1970 just before the occurrence PW 1 Mst. Sarwani was picking up abilities in her field. PW 10 Aidan was operating the Persian wheel end PW 5 Sarwan was diverting the water towards the wheat crop. In the noon time Jeewan (deceased) came to the field and saw accused Mehanduda cutting the branches of the "neem" tree Jeewan (deceased) objected to it and the accused Mehanduda climbed down from the "neem" tree. A verbal altercation took place between then. Hearing the noise PW 1 Mst. Sarwani, PW 5 Sarwan and PW 10 Aidan proceeded towards the water -course and when they climbed up the water -course near the 'Dhed' well, they noticed that the six accused versons viz. Mehanouda, Madia, Kishna, Heera, Chouthia and Chhoga were inflicting injuries on the person of Jeewan (deceased). Mehanduda inflicted blows on the person of Jeewan (deceased) both from the sharp and the reverse side of the axe, while accused Kishna, Heera and Madia inflicted lath -injuries and accused Chouthia and Chhoga facilitated the infliction of injuries by holding Jeewan (deceased). In the course of the incident PW 8 Harji happened to come there. PW 1 Mst. Sarwani, PW 5 Sarwan and PW 8 Harji intervened to save Jeewan (deceased) but they were also be laboured. As a result of the injuries Jeewan met with instanteous death. PW 10 Aidan was chased by the accused but as he could not be caught, no injury was inflicted on him. After some time PW 11 Bakhta, father of Jeewan (deceased) came to the field. The eye witnesses of the occurrence narrated the entire story to him. Thereafter he went to the Police Station, Kalu to lodge a first information report of this occurrence. The distance between the Police Station and the place of occurrence is 18 miles. The first information report of this occurrence was recorded by PW 17 Shri Afzal Khan at 11:30 p.m. on December 26, 1970. The first information report is Ex. P22. A case under Ss. 302 and 323 I.P.C. was registered against all the above mentioned six accused persons. As no conveyance was available, the Sub -Inspector of Police reached the place of occurrence at 10.30 AM on December 27, 1970. He prepared a description memo of the dead body of Jeewan (deceased) Ex. P.12, and inspected the site. He found a blood -stained axe belonging to the accused lying near the dead body. As the axe was bleed -stained it was seized and sealed on the spot. The seizure and the site inspection memo is Ex. P.13. He also prepared the site -plan Ex. P.14, and inquest report Ex. P.15. The autopsy on the dead body of Jeewan (deceased) was performed by PW 15 Dr. G.S. Rathore. The post -mortem report is Ex. P.4. PW 15 Dr. G.S. Rathore found the following external injuries on the dead body of Jeewan: - - 1. Lacerated wound on left side of temporal region at angle of left eye measuring 8 cm x 3 cm x 2 cm 2. Lacerated wound transverse on temporal region left side near ear measuring 10 cm x 2 cm x 3 cm 3. Lacerated wound arch shaped on left side behind ear measuring 10 cm x 2 cm x 1 cm 4. Lacerated transverse wound on left side of the neck extending from front to back vertical column arch shaped measuring 10 cm x 6 cm x 6 cm 5. Lacerated wound over occipital region measuring 6 cm x 4 cm stained with fresh blood. 6. Transverse lacerated wound measuring 3 cm x 1 cm x 1 cm over occipital region. 7. Lacerated longitudinal wound over occipital region measuring 5 cm x 2 cm x 1/2 cm 8. Penetrating wound with laceration on left side posterior deep below angle of left scapula measuring 11 cm x 5 cm depth upto thorax and abdomen 9. Penetrating lacerated wound on lumber region back more on left side measuring 11 cm x 4 cm depth deep into abdominal cavity. On dissection of the dead body be found the following internal injuries: - - 1. Thorax: - - On walls, ribs and cartilages: due to wound No. 8, the walls and rib of thorax posteriorly had been cut under wound No. 8. On examining pleurae near wound No. 8, cut and crushed. Larynx and trachea healthy. Right lung was congested on Sec. found filled with blood clots. The left lung due to wound No. 8 in continuation underlying middle and lower lobe of left lung has been pierced on Sec. the blood clots were found. Some part of the lung also seen coming out of wound No. 8. On examination the pericardium, a penetration is seen at apex deep to wound No. 8 On examination of heart a penetration with coming out of blood at apex. The heart was pale. On cutting Sec. ventricles were found empty with only some blood clots inside. Large vessels of neck vein were found cut with blood clots. 2. ABDOMEN: - - Posteriorly there was a lacerated wound No. 9 on lumber region. Anterior well of abdomen was healthy. Due to wound No. 8, the peritoneum was pierced on posterior region (Lumber). On examination, the stomach was found normal, but slightly distended. On giving incision, it was found that it gave bad smell, but was empty. I found small intestines (some sloops) distended. The external injury mentioned at No. 9 went upto kidney where there was a pierce wound and blood clots were found inside. 3. CHANIUM AND SPINAL CORD: - - A cut with crushing in lumber vertebral region with fracture and dislocation due to wound No. 9. The spinal cord cut and crushed in lumber region: 4. MUSCLES, BONES AND JOINTS: - The following fractures were noted: - - (i) The temporal bone of left side condylar part of mandible and maxillary bone left side were fractured. The muscles over these bones were alto crushed all due to wounds Nos. 1 and 2. (ii) Fracture with dislocation and cut at lumber region due to wound No. 9." He further opined that the injuries Nos. 4, 8 and 9 could be caused by sharp edged weapon like an axe Ex. 1. The fractures of condylar, part of mandible and maxillary bone were due to injuries Nos. 1 and 2. The injury No. 3 caused dislocation of the service occipital bone. He found the injuries Nos. 5, 6 and 7 grievous. The cause of death of Jeewan (deceased) in his opinion, was due to excessive haemorrhage and shock due to perforation of vital organs and injuries. The same doctor examined PW 5 Sarwan and found the following injuries on his person: - - "1. Swelling with tenderness 4 cm x 3 cm on lower end of left thigh anterior aspect about knee joint. 2. Incised wound 2 cm x 1 cm x 1 cm transverse in occipital region. 3. Swelling with tenderness in area of 4 cm left fore -arm anterior aspect. 4. Swelling with tenderness in area of 5 cm x 5 cm over left shoulder (back). 5. Abrasion 11 cm x 3 cm on back thoracic region on left side. 6. Bruise 2 cm dorsum of left foot. 7. Bruise 2 cm x 1 cm left leg back side. 8. Swelling with tenderness in an area of 5 cm x 5 cm right thigh back side. All the injuries on the person of PW 5 Sarwan were found to be simple in nature. In the opinion of the doctor the injury No. 2 could be caused by axe Ex. 1. Rest of the injuries could be caused by a blunt weapon. The injury report of PW 5 Sarwan is Ex. P. 5.
(3.) ON the same day PW 1 Mst. Sarwani was clinically examined. The injury report is Ex. P. 7. In the opinion of the doctor the injuries sustained by her could be caused by a blunt weapon. Pw 8 Harji was also clinically examined by the same doctor on the same day. The injury report is Ex. P. 6. In the opinion of the doctor the injury No. 1 sustained by Pw 8 Harji could be caused by axe Ex. 1.;