- (1.) The appellant Raja Ram alias Rajo Ram was put on trial alongwith Jai Singh son of Mooli Singh before the learned Additional Sessions Judge No. 2, Bharatpur in Sessions Case No. 40/93. During trial, co-accused Jai Singh absconded hence the trial proceeded against the appellant alone. The charge against the appellant was that he was a member of an unlawful assembly and in pursuance to the common object of the assembly, one Kartar Singh of Village Chimini was murdered by gun-shots. The trial Court vide impugned judgment dated July 24, 1995 convicted the appellant under Section 148 and 302 read with Section 149 I.P.C. and sentneced him to undergo imprisonment for life and to pay a fine of Rs. 500/- under Section 302/149 I.P.C. and in default, to undergo three months' rigorous imprisonment. He was further awarded two years rigorous imprisonment under Section 148 I.P.C. Substantive sentences were ordered to run concurrently. This appeal is preferred by the appellant being aggrieved by his conviction and sentence.
(2.) Put briefly, the prosecution case, as unfolded in the First Information Report (EI.R.) Ex.P. 6, is that the deceased Kartar Singh was going on foot from his village Chimni to catch train for Agra in the morning of March 10, 1993. P.W. 3 Digambar Singh was following him at a short distance. When they reached near the field of one Dharmi Ahir, about one Kilometer away from village Chimni, then, suddenly five persons emerged out of the field and made gun fires on Kartar Singh. The appellant was named one of them in the report. Crime No. 102/93 was registered under Section 147, 148, 302/149 I.P.C. at Police Station, Kumher on the report made by Digambar Singh and formal F.I.R. (Ex.P. 7) was chalked-out.
(3.) After registration of the crime, investigation was taken by Sub-Inspector, Prabhu Lal. The Investigating Officer (for short the 1.0.), then, inspected the site of occurrence and prepared site-plan Ex.P. 2. He also prepared Inquest report of the dead body Ex.P 8. Blood stained and control soil were seized from the place of occurrence vide Memo Ex.P. 4. A bag belonging to the deceased was also seized from the place of occurrence vide Memo Ex.P. 5. Clothes of the deceased were seized vide Memo Ex.P. 9. The post-mortem examination of the dead body was made by P.W. 11 Dr. Babu Lal Meena vide post-mortem report Ex.P. 19, who noticed the following external injuries on the dead body : 1. Abrasion 2 x 2 cms. above left elbow on back part with clotted blood. 2. Abrasion 11/2 x 1/2 cm. below left elbow back with clotted blood. 3. Multiple punctured lacerated wounds of size varying from 1.5 cm to 2 cm. x 1 /2 cm. to 1 /4 cm. Soft tissue deep oval in shape in an area of 4" x 4.5" with collar of abrasion at margins with fresh clotted blood scattered at unequal distance, but no blackening and no tatooing seen, placed 'on outer and back lower 1/2 of left arm with corresponding tears on 'Kurta' which have powder mark black colour directing left to right side. 4. Multiple punctured lacerated wounds of size varying from 1 /2 to 1 /4 cm x 1/2 cm to 1/4 cm. soft tissue deep in an area 4.5" x 3.5" in unequal - scattered with collar of abrasion at margin, but no tatooing and no blackening seen. Fresh clotted blood over inter scapular region upper part directing back to front. 5. One punctured lacerated wound of size 1.5" x 3/4" x cranial cavity deep surrounded with multiple punctured lacerated wounds of size 1 x 1 cm to 1/2 cm x 1/4 cm x scalp tissue deep in an area of 2.5" x 2.5" with collar of abrasion, blackening of tissue present on left side tempo-parietal region medially oozeing of dark blood directing left to right side. 6. Lacerated wound 3 x 1/2 cm. x bone deep on left mastoid region with fresh clotted blood. 7. Lacerated wound 2 x 1 cm x scalp tissue deep just 1 cm below injury No..6. In opinion of the Doctor the mode of death was coma as a result of ante-mortem injury to the skull and brain caused by firearm. Injury No. 5 from intermediate range was stated to be sufficient to cause death in the ordinary course of nature, while other injuries were opined to be simple in nature. Injury No. 3 and 4 were caused by firearm from intermediate range while injuries No. 1, 2, 6 and 7 were caused by blunt object.;