SINGH, J. - (1.) THIS appeal has been preferred against the judgment dated 25-9-2004 passed by Additional Sessions Judge (Fast Track), Karauli, in Sessions Case No. 16/2004 State of Rajasthan vs. Munna, whereby the appellant was convicted and sentenced for offence under Section 302 of the Indian Penal Code and to suffer imprisonment for life with a fine of Rs. 2000/- in default to further undergo simple imprisonment for three months.
(2.) IT is the prosecution case that informant Hari reached Police Sapotara at about 3 p. m. on 10-8-2000 and submitted a written report (Ex. P. 1) to the effect that on the date of incident at about 9 a. m. he along with his brother Ramli alias Ram Lal and Ramkesh were grazing their bufallows in the pasture land of Gazupura. Then Munna, Gulab, Kanhaiya, Ramdayal, Prathvi and Giriraj Meena, all residents of Gazupura, armed with lathi and Kulhari (axe) came abusing and asked as to why they were grazing bufallows in the pasture land. In the attack, Munna inflicted a lathi blow on the head of Ramli alias Ram Lal who fell down and became unconscious. When informant Hari and his brother Ramkesh tried to save Ramli, Gulab inflicted lathi blow on the head of Ramdayal and Prithvi inflicted one blow on the back of the informant Hari. Likewise all these persons of Ramkesh. They all fell on the ground and cried for help so they were saved by Roop Chand, Shriphool, who were nearby grazing their bufallows. Ramli alias Ram Lal was then taken to hospital at Sapotara for treatment but he succumbed to the injuries in the hospital. On that report case under Sections 147, 148, 149, 323, 302 IPC was registered and investigation commenced. After usual investigation charge-sheet was filed. In due course the case came up for trial before the Sessions Judge, Karoli. Charges under Sections 302, 323 IPC were framed against the accused Munna, who denied the charges and claimed trial. The prosecution examined as many as ten witnesses. In the explanation under Section 313 Cr. P. C. the appellant claimed innocence. In defence one witness was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above. We have heard the submissions of learned counsel for the appellant and learned Public Prosecutor and with their assistance scanned the material on record. It appears from the record that death of Ramli alias Ram Lal was homicidal in nature. Vide Post Mortem Report (Ex. P. 15) following ante mortem injury was found on the person of the deceased: (1) Contusion obliquely 8. 5 cm x 2. 25 cm with irregular Haematoma (Swelling on the middle of (Lt.) parietal Bone of skull with fracture of (Lt.) & (Rt.) both parietal Bone. The nature of injury grievous caused by blunt object. In the opinion of Dr. Ram Swaroop Meena (P. W. 7), the cause of death was intra cranial brain haemorrhage due to severe nature of Head Injury No. 1 and Comma. Injured Hari (P. W. 1) vide Injury Report (Ex. P. 3), received following injuries: (1) Lacerated wound, irregular margin with slight blood 8 cm x 2 cm x skin muscle up to bone deep at the tip of the head. (2) Contusion with swelling obliquely with tenderness 5 cm x 2 cm oblique at Rt. Elbow joint laterally. (3) Contusion with tenderness swelling 4 cm x 2 cm at lt. Wrist joint. (4) Contusion with Reddish around two in number 6. 5 cm x 2 cm all back at lumber region.
(3.) INJURED Ramkesh (P. W. 2) vide Injury Report (Ex. P. 6), received following injuries: (1) Lacerated Wound with bleeding 6 cm x 2 cm x skin muscle up to bone depth upper part of Rt. Side of occipital bone and skull. (2) Contusion with irregular swelling 5-5- cm x 2 cm Lt. Side of occipital bone and skull. On reappraisal of the evidence led by the prosecution, it is revealed that the alleged assault on the person of deceased Ramli alias Ram Lal and his two brothers (P. W. 1) Hari and (P. W. 2) Ramkesh was made by the assailants including the appellant Munna, at the time when they were grazing bufallows at the pasture land of village Gazupura. The presence of P. W. 1 Hari and P. W. 2 Ramkesh, at the time of occurrence is beyond doubt as they themselves were injured. P. W. 1 Hari, the informant in the case, deposed that six persons namely Gulab, Munna, Kanhaiya, Dayal, Giriraj and Prathvi came armed with lathies and enquired as to why the deceased along with his two brothers were grazing their bufallows in the pasture land and then inflicted injuries to the person of deceased and his two brothers. Ramkesh (P. W. 2) is also the eye-witness of the incident and his presence at the time of occurrence is beyond doubt as he himself was injured along with (P. W. 1) Hari and deceased Ramli alias Ram Lal. This witness has corroborated the testimony of Hari (P. W. 1) in all material particulars and deposed that head injury to the deceased was caused by the accused appellant Munna. The prosecution has also produced (P. W. 3) Roop Chand, (P. W. 5) Babu Lal (P. W. 6) Kamlesh, (P. W. 8) Bhoriya as eye-witnesses to the occurrence but they have been declared hostile as they resiled from their earlier version though the happening of the very incident was not denied by them except (P. W. 8) Bhoriya who expressed his total ignorance. ;