SHYAM SUNDER BYAS, J. - (1.) THE appeal is directed against the judgment of the learned Sessions Judge, Churu dated November 25, 1980 convicting the four appellants Chhotu Ram, Mohan Ram, Sohan Ram and Ratna Ram under Sections 302/34, 325/34 and 448, IPC and sentencing each of them to imprisonment for life with a fine of Rs. 500/ -, on the first count, two years rigorous imprisonment with a fine of Rs. 500/ - on the second count and three months' simple imprisonment on the last count. Substantive sentences were directed to run concurrently.
(2.) SUCCINCTLY stated, the prosecution case is that the appellants are the real brothers of PW 2 Tulsa Ram. PW 1 Gelu Ram is the son and PW 4 Smt. Nathi is the wife of Tulsa Ram. The parties are residents of village Gaajsar P.S. Churu. Tulsa Ram purchased an agricultural field long ago and was cultivating it. The appellants demanded a share in it and Tulsa Ram refused to oblige them. This sowed the seeds of discordance between him and the appellants The appellants started interfering in Tulsa Ram's possession over the field. Tulsa Ram thereafter sold that field to the deceased Panna Ram, nearly two years before the incident. This sale further aggravated the relations between the appellants and Tulsa Ram They did not stop their unlawful activities and continued to interfere in Panna Ram's possession over the field. Panna Ram filed a complaint under Section 447, IPC against them in the Court of the Munsif and Judicial Magistrate, Churu. They all were convicted under Section 447, IPC on September 7, 1979 by the Munsif -cum -Judicial Magistrate, Churu vide his judgment dated September 7, 1979 (Ex. P. 36). The conviction further fanned the fire. At about 8.30 a.m. on September 9, 1979, PW 2 Tulsa Ram, PW 9 Khinva Ram and the deceased were smoking Chilam in the court -yard of Tulsa Ram. PW 1 Gillu Ram went to the well situate nearby to fetch water, Smt. Nathi was cooking the food in the Kitchen situate adjacent to the courtyard. Khinva Ram went away after some time. Tulsa Ram and the deceased Panna Ram continued to smoke the Chilam. While they were smoking, the appellants came there. Chhotu Ram had a Barchhi and the remaining had lathies. Accused Chhotu Ram struck a blow with his Barchhi to Tulsa Ram. Tulsa Ram fell down. Accused Chhotu Ram struck another blow of Barchhi on the head of Panna Ram. Panna Ram also fell down on the ground Thereafter the remaining three accused Mohanram, Sohan Ram and Katnaram struck blows to Tulsaram and Pannaram with their lathies. Smt. Nathi, seeing the incident, raised cries and fell on her husband Tulsaram from being further beaten. She was also administered lathi blows by accused Mohanram. Sohanram and Ratna Ram. Hearing the cries, PW 1 Gillu Ram, PW 3 Thand Ram, PW 5 Chimna Ram and PW 9 Khinva Ram rushed to the spot. They challenged the accused and the accused ran away. Tulsa Ram and Panna Ram became unconscious on the spot. Panna Ram never regained the senses thereafter. At about 11.00 a. m., the Station House Officer, P.S. Churu was informed on telephone by some anonymous person that an incident had taken place in village Gaajsar resulting in severe beatings. This information Ex. P. 23 -A was reduced into writing in the Rojnamcha of the police station. The S.H.O. deputed A.S.I. Raghuveer Singh (PW 13) and some Constables in a jeep to Gaajsar A.S.I. Raghuveer Singh reached Gaajsar and found Panna Ram Tulsa Ram lying unconscious. Their condition was becoming precarious He took them in the jeep to Government Hospital, Churu. PW 10 Dr. R.K. Mathur examined Panna Ram and declared him dead. Tulsa Ram was admitted for treatment in the hospital. Gillu Ram (PW 1) went to the police station and verbally lodged report Ex. P. 1 of the occurrence at about 1 -45 p.m. The police registered a case and proceeded with investigation. The S.H.O. Manphool Singh (PW 14) went to the hospital and prepared the in quest of Panna Ram's dead body. He also seized and seated the blood -stained clothes of the deceased and Tulsa Ram. The post mortem examination of the victim's dead body was conducted in the afternoon on the same day by Dr. R.K. Mathur PW 10. He noticed the following ante -mortem injuries on the dead body: External: (1) Incised wound scalp right front to parietal region parallel to the saggital sagture 3 -1/2' x 1/2' x 1' right black eye; (2) Haematoma over the left temporal region of the size 4' x 3'; (3) Abrasion over the right frontal eminence 1 -1/4' just anterior to the injury No. 1; (4) Abrasion 1' x 1/2' over the left arm 2' above the lateral epicondile with swelling extending from the middle of the arm to the middle of the forearm; Internal: (1) There was oblique fracture of skull liner extending from left parietal region to temporal region; (2) Supra condyle fracture of the humerous; (3) Sub -dural haemetoma over the tempo -parietal region; (4) Extra -dural haematoma on the left side, left parietal region. The incised wound was found caused by some sharp -edged weapon like Barchhi while the remaining injuries were opined to have been caused by some blunt object. The doctor was of the opinion that the cause of death of Panna Ram was due to the left side extra -dural haematoma and sub -dural haematoma on the right side of the brain. The doctor was also of the opinion that injuries found on the victim's dead body were sufficient in the ordinary course of nature to cause death. He was further of the opinion that injuries No. 1 and 2 were also individually sufficient in the ordinary course of nature to cause death. The post -mortem examination report issued by him is Ex. P. 10.
(3.) OR . Mathur also examined the injuries found on the person of Tulsa Ram and noticed the following: (1) Lacerated wound on the skull 2' x 1/4' x 1/2'. It was on the scalp parietal region slightly obliquely with irregular margins; (2) Lacerated wound on the left maxillary region of the size 1/4' x 1/4' x 1/4': (3) Abrasion on the radial border right fore -arm middle size 2' x 1/2'; (4) Lacerated wound with swelling over the dorsum of the right hand over the shaft of second metacarpal bone. It was 'L' shaped and was of the size of 1/2' x 1/2' x 1/2' and the vertical limb of the 'L' shaped wound is 1' long; (5) Lacerated wound with swelling over the ulna border of the left fore -arm nearly 6' below the olecranio process oblique in direction of the size 1' x 1/4' x t/2'; (6) Lacerated wound with swelling over the ulna border of left forearm 2' below the injury No. 5. This is oblique in direction of the size of 1/4' x 1/4' x 1/2'; (7) Abrasion over the lateral aspect of the left leg lower 1/3rd region of the size 1' x 1/2'; (8) Bruise 3' x 4' over the left lower ribs obliquely posteriorly; (9) Bruise with swelling obliquely extending from the head of fibula laterally downwards and medial of the left calf region size 3' x 1'; (10) Bruise with swelling 2' x 1' over the right calf region oblique of the size 2' x 1.' All the injuries were caused by blunt weapon The X -ray examination of his injuries further revealed the fractures of left ulna and second metacarpal bone of left hand. The injury reports issued by him are Ex. P. 16 and Ex. P. 17. ;