G.R.MOOLCHANDANI,J. - (1.) Five accused persons, namely Fazru, Sher Singh, Samsu, Samru and Rustam all sons of Meer Khan, were tried by the Court of Additional Sessions Judge Deeg, District Bharatpur, in Sessions Case no.28/1984 for the offences punishable under Sections 148, 302, 302 of 149, 307, 307 of 149, 326 of 149, 324, 324 of 149, 323, 323 of 149 of IPC and they were convicted and sentenced by the learned court below vide order dt. 14.12.1988 as under:- Samsu u/s 148 of IPC, one year's rigorous imprisonment u/s 302 of IPC, life imprisonment and fine of Rs. 100/- u/s 326 of 149 of IPC, five years rigorous imprisonment and fine of Rs. 100/- u/s 323 of IPC, one month's rigorous imprisonment Fazru u/s 148 of IPC, one year's rigorous imprisonment u/s 302 of IPC, life imprisonment and fine of Rs. 100/- u/s 326 of IPC, five years rigorous imprisonment and fine of Rs. 100/- u/s 323 of 149 of IPC, one month's rigorous imprisonment Sher Singh u/s 148 of IPC, one year's rigorous imprisonment u/s 302 of 149 of IPC, life imprisonment and fine of Rs. 100/- u/s 326 of 149 of IPC, five years rigorous imprisonment and fine of Rs. 100/- u/s 323 of IPC, one month's rigorous imprisonment Rustam u/s 148 of IPC, one year's rigorous imprisonment u/s 302 of 149 of IPC, life imprisonment and fine of Rs. 100/- u/s 326 of 149 of IPC, five years rigorous imprisonment and fine of Rs. 100/- u/s 323 of IPC, one month's rigorous imprisonment Samru u/s 148 of IPC, one year's rigorous imprisonment u/s 302 of 149 of IPC, life imprisonment and fine of Rs. 100/- u/s 326 of 149 of IPC, five years rigorous imprisonment and fine of Rs. 100/- u/s 323 of 149 of IPC, one month's rigorous imprisonment In default of payment of fine of Rs. 100/-, each appellant-accused has to undergo further one month's simple imprisonment All sentences were ordered to run concurrently. Accused Jumma son of Meer Khan was found juvenile, so, his case was sent to concerned Juvenile Justice Board.
(2.) Contents of Written Report Exhibit-P1, which was submitted by Khillu s/o Jormal Mev on 11.5.1984 at 11:30 PM before SHO, Nagar, Bharatpur, reads as under:- HINDI MATTER On the basis of above Written Report Exhibit-P13, formal FIR was lodged as FIR No. 43 of 84 at Police Station Nagar, Bharatpur, for the offences punishable u/s 147, 148, 149, 324, 307, 323 of IPC. Subsequently, after the demise of injured Jormal, sec. 302 of IPC was added.
(3.) Autopsy report Exhibit-P8 of deceased Jormal s/o Alisher dt 12.5.1984 reveals that the autopsy was conducted on 12.5.1984 at 8:40 AM and cause of death, as opined by the Doctor reads "the person died of shock and hoemorrhage due to head injury".;