SHARMA, J. - (1.) THIS is yet another case of land dispute in which one person lost his life and others sustained injuries. The appellants, nine in number, were indicted before the learned Additional Sessions Judge (Fast Track) No. 2 Baran, who vide judgment dated February 28, 2003 convicted and sentenced them as under:- Appellants Beerbal, Shripal, Danmal, Chatra @ Chaturbhuj, Gobri Lal, Banshi Lal, Mukut Bihari, Brij Mohan & Atal Bihari: U/s. 147 IPC: Each to suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. U/s. 148 IPC: Each to suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. U/s. 324/149 IPC: Each to suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. U/s. 323/149 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. Appellants Beerbal, Shripal and Danmal: U/s. 302 IPC: Each to suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer simple imprisonment for six months. Appellants Chatra @ Chaturbhuj, Gobri Lal, Banshi Lal, Mukut Bihari, Brij Mohan & Atal Bihari: U/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer simple imprisonment for six months. The substantive sentences were ordered to run concurrently.
(2.) IT is the prosecution story that on March 2, 1998, Ram Prasad ASI of Police Station Atru on receiving information over telephone that there was melee on the field of Dhanna Lal, rushed to the place of incident, where Rekhraj (Pw. 6) submitted a written report (Ex. P-19) to him to the effect that around 9 AM while he along with Dhanna and others was reaping mustard crop at the field of Dhanna, 10-12 assailants including Beerbal and Danmal armed with deadly weapons came over there. Beerbal caused injury with Gandasa on his left hand. Dhanna (since deceased) and three others also received injuries. On that report a case under sections 307, 147, 447, 148 and 149 IPC was registered and investigation commenced. In the course of investigation Dhanna Lal died and section 302 IPC came to be added. Necessary memos were drawn, statements of witnesses were recorded and after usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 2 Baran (Head Quarter Chhabra ). Charges under sections 147, 148, 302 alternatively 302/149, 324/149 and 323/149 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. One witness in support of their defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above. Having carefully gone through the record with the assistance of learned counsel for the parties we notice that death of Dhanna Lal was homicidal in nature. As per Post Mortem Report (Ex. P-34) following ante mortem injuries were found on dead body:- 1. Incised wound 7 x 2 x 3cm deep to bone vertical on frontal scalp. 2. Lacerated wound 2 x 1 x 1/2cm of left knee. 3. Incised wound 2 x 1 x 1/2 left arm. 4. Swelling 4 x 3 left arm. 5. Abrasion left calf 1 x 1cm. In the opinion of Dr. Purshotam Jhanwar (Pw. 15) the cause of death was hemorrhagic shock due to injury to brain. Rekhraj (Pw. 6), Shanti Lal (Pw. 7), Gajanand (Pw. 9) and Gajendra (Pw. 17) also sustained injuries in the course of incident. Since these witnesses were examined by the prosecution as injured eye witnesses, we proceed to scan their evidence. Rekhraj (Pw. 6) in his deposition stated that on the date of incident he and his brother Hariom had gone to the field of Dhanna Lal to reap mustard crop by thresher. He found Dhanna Lal, his two sons and nephew there. Around 9 AM Beerbal Nayak, Danmal Nayak along with 10- 12 persons came over there. Beerbal and Danmal were armed with Gandasis. Beerbal demanded explanation from Rekhraj about his presence. Rekhraj told him that he had come for the purpose of reaping mustard and his thresher was parked in the field of Bheru Lal. As soon as Rekhraj proceeded to the field of Bheru Lal, Beerbal followed him and inflicted Gandasi-blow on his hands. Beerbal and Danmal gave Gandasi blows on the person of Dhanna Lal. Dhanna Lal's sons and nephew were also given beating. Shanti Lal (Pw. 7) deposed that he had purchased 10 bighas land from accused Chatra Nayak in consideration of Rs. 15000/ -. Although he used to plough the said land for last 10 years, in the land records it stood in the name of accused Chatra Nayak. On the date of incident while they were reaping mustard crop, the appellants came over there. Beerbal inflicted gandasa blow from sharp side on the head of his father Dhanna as a result of which he fell down thereafter Danmal and Shripal caused injuries on the person of Dhanna.
(3.) TESTIMONY of Rekhraj and Shanti Lal gets corroboration from the statement of Gajanand (Pw. 9 ). Gajanand however admitted that land where incident took place entered in the name of accused Chatra Nayak. Orzeku esa mdr tehu prjk uk;d ds gh [kkrs esa ntz gsa** Birdhi Lal Patwari (Pw. 19) deposed that police received from him copies of revenue record of land bearing Khasra No. 214. In his cross examination, he however stated thus:- ********* ;