NAVIN SINHA,J. - (1.) The appeal stood abated against Appellant No.1 and 2 on 10.02.2010 consequent to their demise during the pendency of the appeal.
(2.) The remaining Appellants stand convicted under Section 148 I.P.C. to one year's rigorous imprisonment, 302/149 IPC to life imprisonment with fine and default stipulation. Appellants No.3 and 4 further stand convicted under Section 324 I.P.C. to one year rigorous imprisonment and Appellant No.6 and 8 to three months rigorous imprisonment under Section 323 I.P.C. by the Sessions Judge, Kota in Sessions Trial No.3/1985 dated 15.07.1986.
(3.) PW-1 Kanhaiya Lal in his written report to police dated 28.10.1984, Exhibit P/1 stated that he was working in his fields at about 10:00-11:00 am when he heard commotion. On reaching the place of occurrence he saw the Appellants who were variously armed with axe and garasi assaulting PW-2, Chatru Bai, PW-4, Prahlad, PW-5, Ramkaran, PW-6, Mukut Bihari and the deceased Rampratap. The Appellants chased the witness to assault him also. The occurrence took place because of a previous dispute with regard to passage through the fields. PW-3, Virji wife of the deceased came and gave him water to drink. Formal FIR Exhibit P/11 was registered at 4:00 PM. The post-mortem Exhibit P/10 was conducted on 29.10.1984 at about 9:00 AM by PW-11 Dr. Shivchandra Mishra, who found the following injuries on the body:- "(i) 2 "x1"x bone deep- Brain deep- Brain- " deep- left parietal bone- " above zygomatic arch- Dir- transverse cutting of pinna of ear in middle transversely with massive bleeding signs. (ii) Incised wound 1 " x ?"x skin deep - left parietal region- 3" above pinna of ear. (iii) Lacerated wound ?" x ? ...?"x skin deep- 3" above right leg medial region. On dissection, bleeding was found from sub clavicle tissue, left parietal bone was cut 3"x1", membrane was cut with massive bleeding- intracranial, left parietal lobe of brain was cut 2 " x " x x deep with massive intracranial haemorrhage." Death was opined by shock due to cutting of cranial bone and brain (parietal lobe).;