N.L. Tibrewal, J. - (1.) All the six appellants have preferred this joint appeal being aggrieved against the judgment and order dated, February 24, 1993 of Additional Sessions Judge, Kotputli, in Sessions Case No. 3/92 (Old No. 47/85) whereby they were convicted and sentenced as under:- JUDGEMENT_98_LAWS(RAJ)7_19961.html The Court further directed that out of the fine Rs. 5000/- be paid to the legal heirs of deceased Parta and Rs. 1100/- each to the injured Smt. Bhoomi and Smt, Santo and Rs. 150/- to injured Sri Ram.
(2.) The facts of the case have been extensively described in the impugned judgment of the trial Court, as such, we need not repeat them in extension except to give necessary facts, in brief, which are thus:- That houses of the complainant party and the accused persons are situated adjoining to each other in 'Dhani Sirsodhi' near village Datil. It appears that some dispute about a piece of land was going on between the parties and the land stood attached in a proceeding under section 145/146 Cr.PC. about 12-13 years prior to the present occurrence. In the year 1977, 1978, 1979, 1980 and 1984 some criminal cases were also initiated against members of the accused party on reports of the complainant party for the offences under sections 447, 379, 324, 323 and 325 I.P.C. etc. However, the immediate and proximate cause of the occurrence is stated that a cow belonging to the complainant party entered in 'Guwadi' of the accused and the appellant Ram Karan drove it out, but it ensued some scuffle between him and RW. 7 - Jai Ram and his Bhabhi. This incident is alleged to have taken place at about 3 RM. on the day of occurrence. The prosecution story further goes that, thereafter, at about 7 PM. all the appellants and co-accused Malkhan came in Guwadi of the complainant party with weapons like farsa, axe and lathies and assaulted Sri Ram, Smt. Ghuma, Smt. Santo and the deceased Party who succumbed to the injuries sustained by him. A report of the incident was made by PW. 14 Sri Ram at Police Station, Pragpura and crime No. 12/85 was registered under Section 147, 148, 149, 323, 452 and 302 I.P.C. P.W. 20 Dr. Vinod Rai Vineet examined the injuries of Sri Ram, Smt. Santo wife of Sri Ram and Smt. Ghuma wife of Rameshwar vide injury reports Ex.P 41, P. 42 and P. 43. As per the injury reports, Sri Ram sustained 8 simple injuries by blunt object; Smt. Santo sustained three simple injuries by blunt object and Smt. Ghuma sustained five injuries, out of which four were opined to be simple and for one injury X-Ray was advised. PW. 19 Dr. Ajay Kumar, on X-Ray examination of Smt. Ghuma, detected a fracture of the ulna bone of her right hand. The post-mortem of the dead body of Part a was also conducted by PW. 20 Dr. Vinod Rai Vineeth and he found 12 injuries on his person. All the injuries except injury No. 12 were caused by blunt object. Injuries No. 1 and 2 were found on the scalp. For the sake of convenience Injury Nos. 1, 2 and 12 are reproduced as under: 1. Lacerated wound 4 cm x 1 cm x scalp deep over the occipital parietal region. There is fracture of occipita parietal bone. 2. Lacerated wound 3 cm x 1 cm x scalp deep over the right frontal region. On cut there is fracture of right frontal bone. 12. There is separation of 2 cm x 11/2 cm of the upper portion of left external ear pinna. Thus, the doctor found fracture of occipita parietal bone and fracture of right frontal bone of the deceased Parta. The cause of death was opined to be 'coma' as a result of brain injury and multiple injuries all over the body.
(3.) After usual completion of investigation, a charge-sheet came to be filed against the appellants. Accused 'Malkhan' could not be charge-sheeted as he was absconding. After committal, the accused were, tried before the Addl. Sessions Judge, Kotputli, under Sections 148, 302 or 302/149, 325 or 325/149, 448 and 323/149 I.P.C.;