SHARMA, J. - (1.) THIS appeal owes its origin in the judgment dated October 14, 2003 of the learned Additional Sessions Judge (Fast Track) No. 1 Bharatpur Camp Deeg whereby the appellants, nine in number, were convicted and sentenced as under:- Appellants Sher Singh and Ajeet Singh: U/s. 302 IPC: Both to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month. U/s. 147 IPC: Both to suffer rigorous imprisonment for three months and fine of Rs. 500/-, in default to further suffer simple imprisonment for fifteen days. U/s. 148 IPC: Both to suffer simple imprisonment for two years and fine of Rs. 500/-, in default to further suffer simple imprisonment for fifteen days. Appellant Sujeet: U/s. 302/149 IPC: To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month. U/s. 307 IPC: To suffer rigorous imprisonment for five years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month. U/s. 147 IPC: To suffer rigorous imprisonment for three months and fine of Rs. 500/-, in default to further suffer simple imprisonment for fifteen days. U/s. 148 IPC: To suffer simple imprisonment for two years and fine of Rs. 500/-, in default to further suffer simple imprisonment for fifteen days. Appellants Ishwar Singh, Bhima, Nepal Singh, Thano @ Than Singh, Charan Singh and Harbhan Singh: U/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month. U/s. 307/149 IPC: Each to suffer rigorous imprisonment for five years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month. U/s. 147 IPC: Each to suffer rigorous imprisonment for three months and fine of Rs. 500/-, in default to further suffer simple imprisonment for fifteen days. U/s. 148 IPC: Each to suffer simple imprisonment for two years and fine of Rs. 500/-, in default to further suffer simple imprisonment for fifteen days. The substantive sentences were ordered to run concurrently.
(2.) AS per the prosecution story on December 9, 2000 ASI Police Station Deeg reached to the Hospital Deeg and recorded Parcha Bayan (Ex. P-15) of injured Balveer Singh (Pw. 4) at 9. 15 PM, wherein it was stated that on the said day while he along with Shiv Singh (since deceased) was watering his mustard field and in the nearby field Ranjeet Singh was installing engine on the well. Sujeet (appellant) walked through their field. He then warned Sujeet not to use their field as thoroughfare. At this Sujeet reacted sharply went away. After some time Sher Singh, Ajeet, Ishwar Singh, Harbhan Singh, Kano @ Than Singh, Bhima, Charan Singh, Nepal Singh came to his field. Sujeet, who was armed with Katta (country made gun) opened fire at Ranveer that hit his right hand. Sher Singh inflicted Pharsa blow and Ajeet and Harbhan gave lathi-blows on the head of Shiv Singh. Than Singh, Charan Singh, Harbhan and Bhima inflicted injuries on the person of Balveer, Ishwar Singh gave lathi blow on the hand of Ranveer Singh. On that parcha bayan a case under sections 147, 323, 447, 341 and 307 IPC was registered and investigation commenced. In the course of investigation Shiv Singh died and section 302 IPC came to be added. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Bharatpur Camp Deeg. Charges under sections 148, 302/149, 307/149, 323 and 447 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 28 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Two witnesses in support of their defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above. We have heard learned counsel for the appellants and learned Public Prosecutor and with their assistance scanned the material on record. Death of Shiv Singh was undeniably homicidal in nature. Vide Post Mortem Report (Ex. P-32) following injuries were found on dead body:- 1. Abrasion 2 x 1cm at Rt. supra scapular region with soft scab. 2. Abounded bruise 5 x 2cm with reddish blue in colour at post Rt. shoulder on cut effusive & Extensive dark red blood. 3. Abrasion 21/2 x 1/2cm Rt. side front of chest at infra clavicle 4. Abrasion 5 x 11/2 cm Lt. side front of chest nine mid line 5. Stitched wound of size 4cm with 3 stitches placed at Rt. leg M/3 part with soft scab forming in further dissection there is fracture of Rt. tibia at m/3 part ante mortem haematoma 6. Stitched wound of size 1. 5cm at Rt. tibia tubarocity just below Rt. knee 7. Two abrasions of size each 3 x 1cm & 2 x 1cm just blow Lt. knee cap with soft scab forlin 8. Abrasion 1/2 x 1/2 cm at lt. 3rd toe dorscaly 9. Abrasion 1 x 1/2cm just below Lt. mastoid region with soft scab 10. Stitched wound 5cm long irregular obliquely Lt. side frontal region of skull upto mid line of skull with diffuse swelling. 11. Stitched wound U in shape placed Lt. fronto part & temporal region. In the opinion of Dr. N. L. Disaniya (Pw. 23) the cause of death was ante mortem injuries to skull and brain. Ranveer Singh (Pw. 7) vide injury (Ex. P-33) received following injuries:- 1. Punctured lacerated wound with irregular margin of size 4. 5 x 2cm with abrasion colour and slight blackening over margin of wound placed in ulna side of Rt. hand ?? deep margins slightly everted wound extending upto distal end of Rt. forearm. 2. Lacerated wound 8cm x 6cm irregular shaped margin slightly everted, placed on dorsum of Rt. hand deep with fresh clotted blood. 3. Abrasion 3cm x 11/2 cm red in colour placed on distal 1/3part of Rt. forearm on ulna aspect 4. 2. 5 x 2cm lacerated wound muscle deep with fresh clotted blood placed just distal to injury no. 3. Balveer Singh (Pw. 4) vide injury (Ex. P-34) received following injuries:- 1. L shaped stitched wound 5cm long placed in Rt. side occipital parietal area with diffuse swelling. 2. Scratch Abrasion 4cm x 1cm with red scab on dorsum of Rt. forearm 3. Two parallel bruises 6cm x 1cm with gap of 1/2 cm on Rt. arm laterally 4. Diffuse swelling with c/o pain 5. C/o pain with middle dorsal and Rt. side back. In the same incident appellant Sher Singh vide injury report (Ex. D-7) received following injuries:- 1. Lacerated wound 21/2 x 1cm x muscle deep over left parietal bone 2. Bruise 3x2cm left Infra orbital region 3. Bruise 2x1cm left scalp upper half 4. Bruise with swelling 5x4cm post surface of left forearm. Star witness of the prosecution viz. Ranveer Singh (Pw. 7) and Balveer Singh (Pw. 4) although deposed that all the appellants had formed unlawful assembly and killed Shiv Singh, a close scrutiny of their testimony reveals that deceased and the members of complainant party had no previous enmity. Balveer Singh in his cross examination admitted this fact:-
(3.) GEKJH eqfyteku ls dksbz jaft'k ugha Fkha** It also appears that on the report of appellant Sher Singh cross case was registered against the complainant party. Jeevan Singh, IO (Pw. 26) in his cross examination deposed as under:- ;g ckr lgh gs fd eqdek uecj 640@2000 Hkh esjs Fkkus ij ntz gqvk Fkk tks 'ksjflag iq= [kpsjk us ntz djk;k Fkka** Jeevan Singh also admitted that the fields of appellants also existed near the field of Balveer Singh but he did not know as to whether there was path way or not. He stated as under:- ;