V.P. Tyagi, J. - (1.) THIS appeal of Jeewan Dan and 5 others is directed against the judgment of the Additional Sessions Judge, Sikar, dated December 121, 1973 whereby the learned judge found the appellants guilty of offences noted against the name of each one of them and sentenced to different terms of imprisonment as give a below, - - All the substantive sentences awarded to the accused persons were ordered to run concurrently. The learned Additional Sessions Judge, however, acquitted all the accused persons of the offence punishable under Sec. 324 IPC. The case of the prosecution was that on August 25, 1972, when Ghasi Ram and his son Ladhu Ram PW 3. were sitting in their agricultural field and enjoying smoking just before the sun -set, the party of the accused came to their field armed with Lathis and Pharsas and tried to make a way out of that field by throwing their thorn fencing. When Ghisi Ram objected to their making a way in his field, it is said, that they all belaboured him inflicting as many as 17 injuries the existence whereof is found at the time of the post mortem examination. The injuries of Ghisi Ram are given as below, - - 1. Contusion 3" x 1" on the right scapular region. 2. Contusion 6" x 1" below the left scapula. 3. Contusion 3 1/2" x 1" on the back of right upper arm in the middle. The discretion revealed a fracture of the shaft of the humerus bone under injury No. 3. 4. Contusion 2 1/2" x 1" on the lateral side of right elbow. 5. Abrasion 1" x 1/2 on the back of right elbow. 6. Linear abrasion 4" long on the back of the right fore -arm in the middle. 7. Contusion 2" x 1" on the lateral side of right forearm in the middle. 8. Incised wound 1 1/2" x 1/4 x muscle deep on the front of the right leg in the middle, placed vertically. 9. Incised wound 1" x 1/8" x 1/8" about 3" above injury No. 8, placed vertically. 10. Lacerated wound 1 1/2" x 1/2" x bone deep on the front of right leg upper 1/3rd. There was fracture of the tibia and fibula bones under this injury, and the lower part of the upper fragment was projecting out of the wound; 11. Two lacerated wounds 1" x 1/8" x 1/4" each on the front of right leg near the tibial tuberosity. 12. Contusion 2" x 1" surrounded by the diffused swelling on the lateral side of the left forearm. Dissection showed fracture of the lower end of the radious bone. 13. Lacerated wound 1/4" x 1/10" x 1/8" on the pulp of the left thumb near the nail. 14. Lacerated wound 1" x 1/4" x 1/4" on the lateral side of the left thigh upper l/3rd. 15. Contusion 3" x 1" on the lateral side of left leg upper part. 16. Incised wound 1" x 1/4' x muscle deep on the front of left leg below the tibial tuberosity placed vertically. 17. Lacerated wound 1 1/4" x 1/2" x 1/2" on the front of left leg upper one -third.
(2.) LADU Ram PW 3. was also given beating and he also sustained the following 13 injuries, - - 1. Contusion 2 1/2" x 1" on the shleft/oulder. 2. Abrasion 1/2" x 1/2" on the lateral side of left elbow. 3. Lacerated wound 1/2" x 1/10" x 1/4" on the back of left elbow with diffused swelling all around. 4. Contusion 2 1/2" x 1" on the back of left fore arm, upper part. 5. Contusion 2" x 1" on the back of left hand. 6. Contusion 3" x 1" on the lateral side of left thigh upper one -third. 7. Contusion 3 1/2" x 1"; one inch below injury No. 6. 8. Contusion 5 1/2" x 1" on the lateral side of left thigh in middle. 9. Contusion 3 1/2" x 1" on the antero -lateral aspect of left leg middle. 10. Lacerated wound 3/4" x 1/10" x 1/8" above the left ankle with swelling. 11. Abrasion 1" x 3/4" on the medial side of the right knee. 12. Abrasion 1/4" x 1/4" on the back of the proximal phalanx of left middle finger and root of left ring finger and root of left little portion. 13. Contusion 3 1/2" x 1" on the lateral side of right thigh, upper portion
(3.) GHASI Ram died, while he was being taken from the field to the village. A report, Ex. P. 4, was soon after lodged at the Police Station, Nechhwa, naming all the six accused persons as the assailants of the deceased and the injured Ladu Ram. Dr. B.P. Jangid, Medical Jurist posted at S.K. Hospital, Sikar, (PW 11) conducted the post mortem examination on the dead body of the deceased and found that the injuries noted above were not caused on any vital part of the body of Ghasi Ram bat injury No. 2, which was a contusion 6" x 1" below the left scapula, proved fatal because of the fracture of 5th, 6th and 7th ribs posteriorly and the left lung being punctured on the posterior part on account of the fracture of the ribs. In the opinion of the doctor, death of Ghasi Ram vas caused due to shock and hemorrhage as a result of external injury No. 2 with its internal effect leading to lung injury. Similarly, except the fracture of fibula bone, the injuries on PW 3 Ladu Ram were found to be simple and were caused on non -vital parts of his body.;