SHIV KUMAR SHARMA, J. - (1.) MADAN Mohan and Laxman Prasad, appellants herein, along with Raja Ram (died during trial) were indicted before learned Additional Sessions Judge (Fast Track) No. 3 Bharatpur, who vide judgment dated July 11, 2002 convicted and sentenced the appellants as under: Under Section 302/34 IPC: Both to suffer imprisonment for life and fine of Rs. 500/r, in default to further suffer six months simple imprisonment.Under Section 325/34 IPC: Both to suffer simple imprisonment for two years.Under Section 324/34 IPC: Both to suffer simple imprisonment for two years.Under Section 323/34 IPC: Both to suffer simple imprisonment for six months.All sentences were directed to run concurrently.
(2.) IT is the prosecution case that on April 10, 2001 informant Ram Khilari submitted a written report (Ex.P -15) at Police Station Nadbai to the effect that on the said day around 5 -6 AM while the informant along with his wife Narvada (since deceased) and son Umesh was reaping the wheat crop at his field Raja Ram, Laxman, Santra, Madan Mohan, Bhagwani, Sushma and Manju armed with Lathis, Pharsa and Ballam came over there hurling abuses and started beating the informant. When Narvada and Umesh made attempt to intervene, they were also severely beaten up with cutting weapons. Both of them were removed to the hospital in an injured condition. On that report case under Sections 147, 323, 341, 447 and 504 IPC was registered and investigation commenced. Narvada died in the course of investigation and Section 302 IPC came to be added. On completion of investigation charge sheet was filed against the appellants and one Raja Ram. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 3, Bharatpur. Charges under Sections 447, 302/34, 307/34, 325/34, 323/34 and 341 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 21 witnesses. Raja Ram died during the trial and proceedings were dropped against him on July 4, 2002. In the explanation under Section 313 Cr.P.C., the appellants claimed innocence. Two witnesses in 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 entire evidence on record.
(3.) DEATH of Narvada was homicidal in nature. As per postmortem report (Ex.P -27) following ante mortem injuries were found on the dead body: 1. Lacerated wound size 4cm x 2cm x bone deep on mid region of forehead. 2. Lacerated wound 4.5cm x 1cm x bone deep on the mid occipital region of scalp 3. Incised wound 3cm x 1/2cm x bone deep left parieto temporal region of scalp 4. Lacerated wound 3.5cm x 1/2 cm x bone deep on the right parietal region of scalp 5. Lacerated wound 4 x 3/4 cm x bone deep on the right occipital parietal region of scalp. 6. Lacerated wound 3cm x 2cm x bone deep diffuse swelling of left forearm on the anterio lateral region both bones of lower 1/3 region are fractured. 7. Lacerated wound 1.3cm x 3/4 cm x muscle deep with diffuse swelling at lower 1/2 organ right forearm on back region. Both bones are fractured at same region. 8. Incised wound 4cm x 1/4 x muscle deep lateral aspect of upper 1/2 of right forearm 9. Lacerated wound 1cm x 1/2 cm x muscle deep on lateral aspect of right elbow 10. Abrasion (a) 2cm x 1cm (b) 1cm x 3/4 cm on back of right hand. 11. Abrasion 6cm x 2cm on the right shoulder region. 12. Lacerated wound 3cm x 1/2 cm x bone deep on medial aspect of left knee. 13. Abrasion 20cm x 3cm on front of left leg. 14. Incised wound 3.5 x 3/4cm x bone deep on front of left foot 15. Abrasion with bruise redis? 14Cm x 5cm on anterior lateral aspect of right leg and knee. 16. Lacerated wound 3cm x 1/2 cm x skin deep on the front of lower 1/2 of right leg. 17. Incised wound 4cm x 1/2 cm x bone deep on medial aspect of lower 1/2 of right leg. 18. Lacerated wound 1.5 cm x 3/4 cm x muscle deep on lateral aspect of lower 1/2 of right leg. 19. Incised wound 2cm x 1/2 cm x skin deep on front of chin. The cause of death in the opinion of Dr. Pooran singh Azad (P.W. 19), who was member of the Board who performed autopsy on the dead body, was coma leading injuries No. 1 to 5 to vital organ brain. The injuries sustained by informant Ram Khilari (P.W. 14) and Umesh (P.W. 4) were examined vide injury reports (Ex.P -25) and (Ex.P -23). ;