Shiv Kumar Sharma, J. - (1.) This is yet another unfortunate case where two persons lost their lives in a trifle dispute over a water hut. The appellants, ten in number, were put to trial before learned Additional Sessions Judge (Fast Track) No.2, Jhunjhunu for having committed murder of Kamal Kumar and Om Prakash. Learned Judge vide judgment dated May 11, 2006 convicted and sentenced them as under : Badru Ram, Sheesh Ram, Mahesh, Sita Ram, Ramavtar, Laxman, Smt. Nandi, Smt. Nanchi, Smt. Lalita and Smt. Jamna : U/s. 302/149 IPC : Each to suffer imprisonment for life and fine of Rs. 500/-, in default to ' further suffer simple imprisonment for two months. U/s. 148 IPC : Each to suffer rigorous imprisonment for two years and fine of Rs. 50/- in default to further suffer simple imprisonment for seven days. U/s. 447/149 IPC : Each to suffer simple imprisonment for two months and fine of Rs. 50/-, in default to further suffer simple imprisonment for seven days. U/s. 323/149 IPC : Each to suffer rigorous imprisonment for six months and fine of Rs. 100/- in default to further suffer simple imprisonment for fifteen days. U/s. 325/149 IPC : Each to suffer rigorous imprisonment for five years and fine of Rs. 200/-, in default to further suffer simple imprisonment for one month. U/s. 326/149 IPC : Each to suffer rigorous imprisonment for six years and fine of Rs. 300/-, in default to further suffer simple imprisonment for one month. U/s. 307/149 IPC : Each to suffer rigorous imprisonment for seven years and fine of Rs. 500/-, in default to further suffer simple imprisonment for two months. The substantive sentences were ordered to run concurrently.
(2.) The prosecution story is woven like this : On November 12, 1999 at 1.30 AM SHO Police Station Bagar recorded parcha bayan (Ex.P-9) of Radhey Shyam (Pw.3) at BDK Jhunjhunu hospital wherein he stated that around 11.15 PM while he was at the hut of the well: and keeping a watch on electricity and his brothers Kamal Kumar and Om Prakash were watering the crop of cauliflower, he heard the noise toward water hut near the road. In the meanwhile Om Prakash and Kamal Kumar raised alarm that Badru and his sons and ladies were beating them. He then rushed to the spot and saw that Sheo Lal, Ramavtar, Sita Ram, Laxman Ram, Badru Ram and their ladies alongwith Bhagirath were inflicting blows with axes, Barchhis, Jelis and lathis on the person of Kamal Kumar and Om Prakash. He (Radhey Shyam) reached near that hut was caught hold by Sheo Lal and Badru Ram gave blow with stone on his head and he fell down. Sheo Lal then caused injury with lathi on his hand. Thereafter Rakesh s/o Om Prakash intervened but he was also beaten up with lathis and stones. When Chhaju Ram, Babu Lal, Ram Singh, Chandgi Ram and Gopi Ram intervened the assailants fled away. Kamal Kumar and Om Prakash died on the way to hospital. On that parcha bayan case under sections 147, 148, 149, 323, 447, 307 and 302 IPC was registered and investigation commenced. Autopsy on the dead bodies was performed, necessary memos were drawn, statements of witnesses were recorded, appellants 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) N.2, Jhunjhunu. Charges under sections 148/147, 302 or 302/149, 447, 325 or 325/149, 326 or 326/149, 307 or 307/149 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 14 witnesses. In the explanation under Section 313 CrPC, the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.
(3.) Death of Kamal Kumar and Om Prakash was homicidal in nature. Post-Mortem Report (Ex.P-29) of Kamal Kumar reads as under : 1. Lacerated wound 5 cm x 2 cm x bone deep on left forehead above Lt. eyebrow. 2. Incised wound 12 cm x 2 cm x bone deep on Rt. fronto parietal area starting left front area just below the hairline and then going upward backward and towards Rt. fronto parietal area and then going back upto Rt. parietal eminence. there is fracture of frontal and Rt. parietal bone. Part of skull bone is missing. Meninges and brain are visible through the wound. There is an incised wound of the size of 4 cm x 1/2 x 1 cm deep through the meninges in Rt. parietal lobe of the brain in AP direction. 3. Incised wound 6 cm x 1 cm x brain deep in transverse direction in posterior parietal region. On exploration fractures of both parietal bones present and brain and meninges are visible through the wound. 4. Lacerated wound 3 cm x 1/2 cm x bone deep on left parietal eminence. 5. Lacerated wound 3 cm x 1 /2 x bone deep in left occipital parietal region posterior lateral to injury No.4. 6. Lacerated wound 2 cm x 1/2 x 1/2 over Rt. maxillary area of face. 7. Lacerated wound semi circular 3 cm x 1/2 x skin deep on Rt. side of face on exploration fracture of Rt. upper jaw present just below nose. 8. Lacerated wound 1. cm x 1/2 cm on upper Rt. upper lip through whole thicken of upper lip. 9. Two parallel bruises each of 8 cm x 1 cm separated by 1 cm wide healthy area on upper part of Rt. deltoid region. 10. Two parallel bruises each of 7 cm x 1 cm x separated by 1 cm wide healthy area on Rt. shoulder. 11. Bruise 5 cm x 2 cm on lower part of Rt. deltoid region. 12. Abrasion 1.5 cm x 1 cm on Rt. forearm on posterior side just above wrist. 13. Bruise 6 cm x 2 cm x on At. forearm on proximal 1 /3 part of extern side. 14. Abrasion 7 cm x 1 cm x on At. leg 2 cm below knee on anterior side. 15. Bruise 8 cm x 5 cm on anterior side of Lt. thigh just above knee joint. 16. Bruise 20 cm x 3 cm on postero medial side of Lt. forearm. 17. Bruise 5 cm x 2 cm on rotational side of Rt. forearm. 18. Lacerated wound 11/2 cm x 1/2 cm x skin deep on lateral side of left elbow. 19. Two parallel bruises each 7 cm x 1 cm separated by 1 cm wide healthy area on posterior aspect of left deltoid region. 20. Two parallel bruises each of 5 cm x 1 cm separated by 1 cm wide healthy area on posterior part of left deltoid below injury No. 19. 21. Two parallel bruises each 15 cm x 1 cm separated by 1 cm wide healthy skin on lateral side of Lt. chest in mid auxiliary line on exploration. There are fractures of 4th, 5th and 6th ribs on left side of chest. 22. Two parallel bruises each of 10 cm x 1 cm separated by 1 cm: wide healthy area on left lateral side of chest in lower part on exploration there are fractures of 9th and 10th ribs on lateral side. There is laceration of lower lobe of left leg 1 cm x 1 cm x 1 cm. 23. Two parallel bruises 1 cm x 8 cm each separated by 1 cm wide : healthy area on posterior lateral aspect of left chest. 24. Two parallel bruises each of 15 cm x 1 cm x separated by 1 cm wide healthy area on Rt. scapular region over medial part of Rt. scapula. 25. Two parallel bruises of 20 cm x 1 cm each separated -by 1 cm: wide healthy area on back of Rt. chest from mid scapular line to posterior axillary line. 26. Incised wound 5 cm x 1 cm x bone deep on Rt. occipital parietal region of head. 27. Two parallel bruise 5 cm x 1 cm each separated by 1 cm wide: healthy area of Rt. mid scapular region. 28. Two parallel bruises 18 cm x 1 cm each separated by 1 cm wide healthy area on back of At. chest in infrascapular region placed obliquely. In the opinion of Dr. J.P. Bugalia (Pw.8) the cause of death was coma as a, result of injury to brain and shock due to internal and external hemorrhage. As per Post Mortem Report of Om Prakash (Ex.P-30) following ante mortem injuries were found : 1. Incised wound 7 cm x 2 cm x bone deep on parietal area of head posterior to fronto parietal junction. On exploration there is. depressed fracture of skull bones in mid parietal area. 2. Incised wound 4 cm x 1 cm x' bone deep in transverse direction in parietal area of head 5 cm back to injury No. 1. 3. Lacerated wound S shaped 8.5 cm x 1 cm x bone deep on Rt. forehead. 4. Abrasion 4 cm x 1.5 cm x on left forehead. 5. Abrasion 2 cm x 1 /4 cm on lateral end of left eye brow. 6. Lacerated wound 2 cm x 1/2cm on left side of face below left eye on exploration Left maxilla bone found fractured and maxillary sinuses appeared below the wound. 7. Lacerated wound 1 can x 1 /2 cm opening in mouth cavity on left side of face below Lt. angle of mouth. 8. Lacerated wound 11/2 x 1/2x opening in oral cavity on left side of face lateral to angle of mouth. 9. Lacerated wound 3 cm x 1 cm x bone deep on inferior side of chin on exploration communicated fracture mandible is present and wound entering in oral cavity. All four lower incisor teeth are absent from sockets gum margins are lacerated. 10. Upper jaw is fractured in mid line and all upper (four) incisor teeth are absent from sockets and gum margins are lacerated. 11. Lacerated wound 1 cm x 1/2x 1/2cm on At. side of face just below chin. 12. Lacerated wound 2 cm x 1/2cm x bone deep on medial edge of Rt. eye brow on exploration frontal bone found fractured. At. frontal sinus found opened communicating to left frontal sinus. 13. Abrasion 3 cm x 2 cm from root of nose to left ala of nose on exploration fracture of nasal bones is present. 14. Lacerated wound 1 cm x 3 cm x 3 cm on Rt. side of root of nose medial to medial canthus of At. eye. 15. Two parallel bruises 7 cm x 1 /2 cm each separated by 1 cm wide area of healthy skin over left deltoid area. 16. Bruise 4 cm x 3 cm on left shoulder. 17. Abrasion 10 cm x 1 cm on ulna side of It. forearm just below elbow. 18. Diffuse swelling on middle posterior side of left forearm on exploration there is fracture of It. ulna bone in mid part. 19. Diffuse swelling on dorsal side of distal ⅓ of At. forearm with an abrasion of 1 cm x 1 cm on it on exploration extravasion of blood is present, there are fractures of Rt. radius and Rt. ulna bone. 20. Abrasion 2 cm x 1 cm x on dorsum of At. little finger. 21. Lacerated wound 1 cm x 3 cm x 3 cm on anterior side of upper ⅓ of Rt. leg. 22. Lacerated wound 1.5 cm x 1 cm bone deep on anterior side of left leg with diffuse swelling all around on upper ⅓of left leg. 23. Bruise 3 cm x 1 cm x on lateral side of lower ⅓ of It. leg. 24. Abrasion 2 cm x 1 cm on medial side of Lt. leg 5 cm above ankle. 25. Abrasion (two) semi-circular in shape 4 cm in diameter facing towards each other. Margins of abrasions are 1/2 cm broad and there are depressions at regular intervals and healthy skin between the two abrasions over Rt. scapular area. 26. Abrasion 3 cm x 1/2 cm in lower thoracic area in mid line. In the opinion of Dr. J.P. Bugalia (Pw.8) the cause of death was coma as a result of injury to brain and shock due to internal and external hemorrhage.;