- (1.) WE notice many grey areas in the story woven by the prosecution in the instant case. Ganga Ram, the deceased met with homicidal death on July 10, 2003 while he was keeping a watch on the crop at his field. Ram Singh, Pappu Singh @ Laxman Singh, Inder Singh and Banna Lal, the appellants herein, were put to trial on the allegation of murder of Ganga Ram before the learned Additional Sessions Judge (Fast Track) No. 1, Tonk, who vide judgment dated February 26, 2004 convicted and sentenced them as under:- U/s. 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 100/-, in default to further suffer rigorous imprisonment for three months. U/s. 341 IPC: Each to suffer simple imprisonment for one month. The substantive sentences were ordered to run concurrently.
(2.) AMAR Chand son of deceased Ganga Ram handed over a written report on July 10, 2003 at Police Station Deoli naming the four appellants as the assailants. According to the report Ganga Ram's wife and daughter were the eye witnesses of the incident. On that report case under sections 147, 341, 323, 447 and 435 IPC was registered and investigation commenced. In the course of investigation Ganga Ram died on July 18, 2003 and section 302 IPC was added. Dead body was subjected to autopsy, statements of witnesses were recorded, necessary memos were drawn and after completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Tonk. Charges under sections 341 and 302 alternatively 302/34 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 19 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Nine witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above. We have heard the submissions advanced before us and weighed the material on record. Injuries sustained by Ganga Ram were examined on July 10, 2003 vide injury report (Ex. P-29) which reads as under:- 1. Lacerated wound 1cm x 2cm x muscle deep medial angle of Lt. eye 2. Lacerated wound 1cm x5cm x skin deep Lt. eye brow 3. Lacerated wound 3cm x 5cm x muscle deep just above lt. eye brow 4. Lacerated wound 1cm x 2cm x muscle deep lateral angle of Rt. eye 5. Lacerated wound 1cm x 1cm x skin deep over nose 6. Lacerated wound 2cm x 5cm x muscle deep near lt. ear. 7. Swelling 3cm x 2cm chin & Rt. mandibular angle. 8. Broken teeth Lowe canine & Rt. lower incisor tooth 9. Swelling 7cm x 5cm Lt. shoulder region 10. Swelling 5cm x 8cm Lt. hand & wrist 11. Swelling 5cm x 3cm Rt. wrist 12. Lacerated wound 3cm x 1cm x muscle deep lower 1/3 of Rt. leg antro medial surface. Dr. Rajesh Jain (Pw. 12), who examined the injuries of Ganga Ram on July 10, 2003 in his cross examination deposed as under:- ;g lgh gs fd esjh jk; ds vuqlkj os pksvsa izd`fr ds lkeku; vuqe esa e`r;q dkfjr djus ds fy, i;kzir Hkh gks ldrh Fkh vksj ugha Hkh --- esjs ikl ,dl- js dh jk; vk;h ugha Fkh blfy, bu pksvksa dh izr;sd pksvksa dh izd`fr dslh Fkh esa crkus esa vlefkz gwa**
(3.) DR. H. L. Bairwa (Pw. 19), who conducted autopsy on the dead body on July 18, 2003 deposed that Ganga Ram was admitted to the hospital on July 10, 2003. He was given treatment in Neuro Surgery Ward. There was a stitched wound on the left eye brow. Cause of death was coma due to head injury. A further look at the material on record demonstrates that Badri Bai (Pw. 3) and Chhoti (Pw. 7) were examined as eye witnesses of the incident. Badri Bai, wife of deceased, in her deposition stated that while her husband was at his Tapri wala field and keeping a watch over crop, nine persons including appellants came over there and started inflicting lathi blows on the person of her husband. She and her daughter Chhoti then rushed to the village and informed about the incident to her son Amar Chand. Chhoti (Pw. 7), daughter of deceased, corroborated the testimony of Badri Bai. Bhanwar Lal Patwari (Pw. 1) deposed that pursuant to the direction of police station Deoli he reached to Khasra No. 440 situated in village Maleda which was the place of incident. As per Jama Bandi Svt. 2056 to 2059 the land was shown in the Khatedari of Ram Singh, Laxman Singh, Hans Bai and Tosh Bai LRs of Jawan Singh Rajput. He further stated that although the land was owned by Ram Singh, Ganga Ram constructed a hut over some area of it. Except that area, all the land had been in the possession of Ram Singh. ;