JAIN, J - (1.) THIS is an appeal against the judgment of the Sessions Judge, Jaipur District, Jaipur, dated 26th April, 1972, by which he convicted and sentenced each of the appellants as follows : - (1) under sec, 304 part II read with sec. 149 IPC, to rigorous imprisonment for three years and to a fine of Rs. 300/- in default whereof to rigorous imprisonment or two months. (2) under sec. 148 IPC, to rigorous imprisonment for six months and to a fine of Rs. 100/- in default whereof to rigorous imprisonment for one month. (3) under sec. 323 read with sec. 149 IPC, to rigorous imprisonment for three months and a fine of Rs. 100/- in default whereof to rigorous imprisonment for one month.
(2.) THE substantive sentences of imprisonment were directed to run concurrently. I have seen the record and heard the arguments. The prosecution case is that in village, Prempura, there is a wells known as 'hanuman Sagar' and the land thereof is known as 'guwarwala Khet'. On 1. 11. 71, at about noon, Bhoora S/o Goma and Mangu accused went to their field in question with a cart loaded with stones. The complainant party asked them not to unload the stones in the field but they did not agree. Thereupon, Girdhari deceased, who was repairing the engine on the well 'hanuman Sagar' went to ask them to desist from unloading the stones, Girdhari was followed by other members of the complainant party who were working in the field. On the other side, Ramu, Ruda, Hardev, Baksha, Surja, Mota, Heera, Bhoori and Bhoora rushed to the help of Bhoora S/o Goma and Mangu. Ramu had a Genda in his hand and Bhoori had a 'jeli', while the remaining accused were armed with lathis. It is alleged that they were saying that anyone who prevented them from unloading the stones, would be dote to death. Immediately they attacked the complainant party. Ramu, Ruda, Hardev, Mangu and Bhoora S/o Goma inflicted blows on the head of Girdhari. The accused party also inflicted injuries on Lalu, Ghisa PW-3, Isar PW 9, Laxman PW-8, Teeja and Rama PW 1 Hearing the cries of the injured persons witnesses Nathu PW 6 and Kishan PW 7 who happened to pass by that side rushed to their rescue. The accused then went away with their cart. The injured were taken to hospital Bhainslana where Dr. Banwarilal PW 6 examined them. He found the following injuries on the person of Girdhari: (1) Lacerated wound 1/2" x 1/4" x 1/4" on the left side of the scalp 4-1/2" from the root of the nose. (2) Fracture of the lower tooth incisor, bruise present on the inner side of the lower cheek, 2" x 1" in size, profuse bleeding from the gum sockets, bleeding on pressure, tooth could not be found in the socket. (3) Head injury because of rupture of some artery in the brain leading to pressure symptoms, possibly subdural haemorrhage. The injuries could be caused by 'geda' by lathis. Girdhari was referred to the S. M. S. Hospital, Jaipur, but he appears to have died on the way. Dr. S. B. L Mathur PW 14 of the S. M. S. Hospital, Jaipur performed the post-mortem examination. He noted the following external injuries: - (i) Lacerated wound 3-1/2 cm x 1/4 cm x 1/4 cm. oblique in medial line parietal region at the middle. (ii) Bruise as haemotoma 8cm x 8cm. On scalp right side temporoparietal and frontal regions. (iii) Abrasion 1cm x 1 cm. on back of the right elbow joint. (iv) Bruise as haemotema 8 cm. x 6cm. on scalp left side parietal temporal region. On opening the body, he found the skull fractured at various places. There was haemorrhage in the brain and liquid and clotted blood over the surface of the brain under the membrane the medical jurist was of the opinion that the death occurred on account of coma by head injury. The jurist was further of the view that collectively the injuries were sufficient in the ordinary course of nature to cause death, though no one injury was so sufficient. He could not say which of the external injury caused internal effects in the skull. He did not find any injury on the face or mouth. Dr. Banwari Lal had also examined Isar PW 9 and he found one lacerated wound on the left mastoid bone with slight haematoma 1" x 1/2 x 1/2" caused by blunt weapon. He also examined Kishan Ram PW 4 who had suffered five simple injuries, out of these injuries, two were lacerated wounds, two were bruises and one was a haematoma. Mst. Ramli PW 1 W/o Girdhari had a lacerated wound on the left side of scalp. Teeja had two injuries, one lacerated wound and one bruise Ghisa Ram PW 6 had five injuries, three being bruise and two were abrasions.
(3.) BHOORI PW 2 had an abrasioon and a lacerated wound. Laxman PW 8 had one bruise. Ladu received four bruises. When the accused were arrested, three of them were found injured. Mangu had an abrasion on the right index finger and another abrasion on the scalp. Heera had a bruise on the left thigh and a lacerated wound on the left parietal region. Ramu got a lacerated wound on the second toe of the left foot. ;