SHIV KUMAR SHARMA,J. - (1.) SURENDRA Kumar, Rajesh Kumar and Pappu @ Prakash, the appellants herein, along with Gopal Das were put to trial before learned Additional Sessions Judge (Fast Track) No. 1 Jaipur City in Sessions Case No. 59/2001, who vide judgment dated August 24, 2001 convicted and sentenced the appellants as under: Surendra Kumar: Under Section 302 IPC: To suffer life imprisonment and fine of Rs. 1000/ -, in default to further suffer three months simple imprisonment. Under Section 324 IPC: To suffer rigorous imprisonment for one year and fine of Rs. 1000/ -, in default to further suffer three months rigorous imprisonment. Under Section 4/25 Arms Act: To suffer rigorous imprisonment one year and fine of Rs. 1000/, in default to further suffer three months simple imprisonment. Rajesh Kumar: Under Section 302/34 IPC: To suffer life imprisonment and fine of Rs. 1000/ -, in default to further suffer three months simple imprisonment. Under Section 324/34 IPC: To suffer rigorous imprisonment for one year and fine of Rs. 1000/ -, in default to further suffer three months rigorous imprisonment. Pappu @ Prakash: Under Section 302 IPC: To suffer life imprisonment and fine of Rs. 1000/ -, in default to further suffer three months simple imprisonment. Under Section 324/34 IPC: To suffer rigorous imprisonment for one year and fine of Rs. 1000/ -, in default to further suffer three months rigorous imprisonment. Under Section 4/25 Arms Act: To suffer rigorous imprisonment one year and fine of Rs. 1000/ -, in default to further suffer three months simple imprisonment. Sentences were ordered to run concurrently. Learned -trial Judge however acquitted co -accused Gopal Das. Assailing the finding of acquittal the State of Rajasthan filed appeal No. 164/2002.
(2.) THE brief facts as unraveled by the prosecution at the trial are as follows: On October 1, 1995 at 1.00 PM, Vishambhar Dayal (Pw.7), Sub Inspector of Police Station Ramganj Jaipur recorded parcha bayan (Ex.P -1) of Hemendra (Pw.l) wherein he stated that on the said day around 11.30 AM a boy of his colony informed him that some persons were quarreling with his brother Tara Chand near Gandhi Circle. On reaching near Bhomiyaji temple he saw Pappu and Sethi @ Surendra armed with knives and they were inflicting injuries to his brother Nemichand. Gopal, Rajesh, Gulab, Kishore Master, Govind, Sanjay, Padam and Mahesh having sticks in their hands, were also there. When the informant made attempt to intervene Surendra @ Sethi caused injury on his left shoulder with knife. His brother Tara Chand was also beaten up. Cause of incident was known only to Tara Chand. While the informant and Nemi Chand were lying in an injured condition in front of the house of Gopal, police lifted them and removed them to the hospital. At the time of incident Gopal, Shakuntala, Pooran, Rakesh and many others got assembled. On that parcha bayan a case under Sections 147, 148, 149 and 307 IPC was registered and investigation commenced. Subsequently on the death of Nemi Chand Section 302 IPC was added. Post mortem on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded, the accused were arrested and on 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 Jaipur City. Charges under Sections 323, 324, 307, 302 and 34 IPC and 4/25 Arms Act were framed. The accused denied the charges and claimed trial. In support of its case the prosecution examined as many as 18 witnesses. In the explanation under Section 313 Cr.P.C, the accused claimed innocence. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above. Having scanned the material on record we find that the death of Nemichand was homicidal in nature. As per postmortem report (Ex.P -29) following ante mortem injuries were found on the dead body: 1. Incised wound of size lcm x 1/2cm muscle deep placed traversly over front of left arm over 1/3 2cm above elbow fresh clotted blood and muscular hematoma. 2. Incised wound of size 4cm x 3/4cm placed transversly over left gluteal region upper oradametus outer part and tailing out ward fresh clotted blood over muscles hematoma present 3. Stab incised wound of triangular shaped of size 2cm x 1/2cm x bone deep on dissection there is cutting of muscular placed transversely oblique over back of left gluetal region near sacero iliac joint and reaching upto bone of sacurem. Further its not seen and extravation blood and 6 x 4cm hematoma formation is present. 4. Stab incised wound of size 2cm oval shaped area. Both corner and spindal and placed obliquely just below (Rt.) costal margin. It is 3/4cm width and 25cm below.mid clavicular line and 3cm (Rt.) side to mid line area margin are clear cut regular margin and going down ward, medially and muscles fiber are cut further not seen except contusion of external surface of peritoneum underneath tissue staining is present fresh clotted and hematoma formation in an 4 x 31/2 area of muscles. 5. Incised wound of size 2cm x lcm over chin under surface, the muscles are cut and margins are clean and clotted blood placed trans obliquely and spindal shaped. 6. Abrasion 1 x lcm over (Rt.) iliac crest anter part red with tissue standing present. 7. Abrasion 1 x 1/2cm over back of (Rt.) elbow medially red. 8. Abrasion 1/2 x 1/2cm medial surface left leg upper 1/3 red 9. Abrasion 2 x lcm to 1 x 1/2cm upper part left knee point upper and 1/2 x 1/4cm lower part antero medially red. 10. Abrasion 1 x 1/4cm over left leg lateral upper 1/3 red. 11. Abrasion 1 x lcm (Rt.) leg laterally red. 12. Abrasion 1 x 1/2cm back of (Rt.) super scapular region, medially part red and 1 x 1/2cm back of (Rt.) shoulder red 13. Stab incised wound of size 21/2cm x lcm x ?chest cavity deep placed obliquely over (Rt.) side front of chest 5cm below medeal end of clavicle and 2cm anter to mid sternal line in 2nd Inter costal space medial part its going through and through. Inter costal space muscle and cutting thereby when it is 21/2 x 3/4cm size and then going downward and medially with cutting of plura underneath the plural cavity on (Rt.) side containing about 1800 cc blood mixed with plural fluid and further examination of lungs there is stab wound of size 2 x lcm x through and through medial border of (Rt.) Upp.lobe.and it lcm lateral to border placed obliquely when upto 11/2 cm deep and further there stab incised wound of 2 x lcm over (Rt.) side pericardium and then extravation of blood in medial sternum and around pericardium and hemoparicardium about 800cc further examination of heart there is stab wound of 1 x 1/4cm x through and through (Rt.) atrium appndigen and cavity is exposed. There is also cutting of (Rt.) surface of ascending part of arota of size 21/2cm x 1/8 cm through the cavity is exposed. Further wound is not seen over aorta. On examination of posterior surface of pericardium there small 1/4 x 1/4 cm cut and further wound is not seen, and the wound's margin are clean cut regular well defined. The total depth 41/2 cm deep and elliptical (spinal shaped) on external surface. 14. Abrasion, three in number 1/2 x 1/2 cm each back of left elbow and laterally red. Dr. Y.N. Verma (Pw.17) who conducted autopsy on the dead body deposed that the cause of death was shock brought about as a result of injuries to lung, heart and aorta.
(3.) AS per injury report (Ex.P -30) informant Hemendra received one incised wound measuring 2 x lcm on Lt. shoulder posterior lateral aspect deep with fresh clotted blood obliquely placed. However on X -ray no bony injury was found.;