Shiv Kumar Sharma, J. - (1.) TWO groups indulged in a free fight resulting in injuries to persons of both groups and death of Dhanesh. Injuries caused by firearm to Dhanesh have been attributed to one Mahendra, who could not be apprehended by police and still absconding. Appellants, seven in number along with five coaccused persons, were put to trial before learned Additional Sessions Judge (Fast Track), No. 3, Bharatpur. Learned Judge vide judgment dated October 29, 2002 while acquitting five co -accused, convicted and sentenced the appellants as under: Appellants Harbhan, Lekha, Hukam, Mohan Singh and Hari Charan: Under Section 302/149 IPC: Each to suffer imprisonment for life and fine of Rs.2000/ -, in default to further suffer rigorous imprisonment for one year. Under Section 148 IPC: Each to suffer rigorous imprisonment for two years and fine of Rs.500/ -, in default to further suffer rigorous imprisonment for two months. Under Section 307/149 IPC: Each to suffer rigorous imprisonment for five years and fine of Rs.1000/ -, in default to further suffer rigorous imprisonment for six months. Under Section 325/149 IPC: Each to suffer rigorous imprisonment for two years and fine of Rs.1000/ -, in default to further suffer rigorous imprisonment for six months. Under Section 323/149 IPC: Each to suffer rigorous imprisonment for one year. Appellant Jai Singh: Under Section 302/149 IPC: To suffer imprisonment for life and fine of Rs.2000/ -, in default to further suffer rigorous imprisonment for one Year. Under Section 148 IPC: To suffer rigorous imprisonment for two years and fine of Rs.500/ -, in default to further suffer rigorous imprisonment for two months. Under Section 307 IPC: To suffer rigorous imprisonment for five years and fine of Rs.1000/ -, in default to further suffer rigorous imprisonment for six months. Under Section 325/149 IPC: To suffer rigorous imprisonment for two years and fine of Rs.1000/ -, in default to further suffer rigorous imprisonment for six months. Under Section 323/149 IPC: Each to suffer rigorous imprisonment for one year. Under Section 3/25 Arms Act: To suffer rigorous imprisonment for one year and fine of Rs.1000/ -, in default to further suffer rigorous imprisonment six months. Appellant Hemu @ Hem Raj: Under Section 302/149 IPC: To suffer imprisonment for life and fine of Rs.2000/ -, in default to further suffer rigorous imprisonment for one year. Under Section 148 IPC: To suffer rigorous imprisonment for two years and fine of Rs.500/ -, in default to further suffer rigorous imprisonment for two months. Under Section 307/149 IPC: To suffer rigorous imprisonment for five years and fine of Rs.1000/ -, in default to further suffer rigorous imprisonment for six months. Under Section 325 IPC: To suffer rigorous imprisonment for two years and fine of Rs.1000/ -, in default to further suffer rigorous imprisonment for six months. Under Section 323/149 IPC: To suffer rigorous imprisonment for one year. The substantive sentences were ordered to run concurrently.
(2.) THE prosecution story is woven like this: In the Parcha Bayan recorded on June 21, 2000 Ramesh Chand (Pw.1) stated that on the said day around 5.45 AM while his younger brother Dhanesh along with cousin Rajesh had gone to Jungle for easing themselves, they were surrounded by Harbhan, Harcharan, Jaisingh, Hemu etc. who had Guns, Lathis and Pharsis in their hands. Somehow Dhanesh and Rajesh escaped and came to house with Mewa Ram and narrated the incident. In the meanwhile Harbhan, Hukam, Lekha, Jai Singh, Mahendra, Harcharan, Mohan, Gopal, Hemu @ Hemraj, Chanda, Saroj, Omwati and others armed with Guns, Kattas, Lathis and Pharsis also came to the house. Harbhan, Hukam and Lekha exhorted others to kill complainant party. Thereupon Mahendra, who was armed with gun, opened fire at Dhanesh that hit his hip and waist. Harbhan also caused lathi blow on his right eyebrow. Jai Singh, who had Katta, opened fire at Mewa Ram that hit his right hand. Harcharan caused lathi blow on the head of Mewa Ram and Deshraj gave blow with lathi on the right leg. Mohan also opened fire but it did not hit anybody. Hemu @ Hemraj gave lathi blow on the mouth of informant as a result of which his three teeth got uprooted. The injured were removed to hospital where Dhanesh succumbed to his injuries. On that parcha bayan case under Sections 147, 148, 149, 323, 324, 307, 325 and 302 IPC was registered and investigation commenced. Necessary memos were drawn, statements of witnesses were recorded, accused 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) No. 3 Bharatpur. Charges under Sections 148, 302, 302/149, 307, 307/149, 325, 325/149, 324, 324/149, 323, 323/149 IPC and 3/25 Arms Act were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 20 witnesses. In the explanation under Section 313 CrPC, the appellants claimed innocence. Appellant Harbhan stated that on the date of incident Dhanesh, Mewa Ram and Ramesh surrounded him and gave beating to him. When Jaising, Mohan and Lekha tried to save him they were also beaten up. Appellant Lekha stated that when he went to save his brother Harbhan the incident occurred. Hemu @ Hemraj, Hukam and Haricharan stated that they were not present at the time of incident. Appellant Mohan and Jai Singh stated that Dhanesh, Mewa and Ramesh gave beating to Harbhan and when they tried to save Harbhan the incident occurred. One witness Dr.K.C.Bansal (Dw.1) was examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above. We have heard the submissions advanced before us by Learned Counsel for the appellants, learned Public Prosecutor and Learned Counsel for the complainant and with their assistance scanned the material on record.
(3.) DEATH of Dhanesh was concededly homicidal in nature. Vide postmortem report (Ex.P -22) following antemortem injuries were found on the dead body: 1. Lacerated wound 3cmx 1cm placed transversly on above Rt. eye brow muscle deep with dried clotted blood caused by blunt object. 2. Multiple punctured lacerated wound spread in area of 25cm x 21cm over Lt. iliac fossa, Lt. lateral aspect hip, Lt. gluetal area and upto upper ¼ of lateral aspect of Lt. thigh of size 1/2 x 1/2 to 1cm with collar of abrasion dried clotted blood. Dr. Ashok Mathur (Pw.14), who performed autopsy on the dead body, opined that cause of death was shock due to ante mortem injuries. Mewa Ram (Pw.3) vide injury report (Ex.P - 23) received following injuries: 1. Lacerated wound 4cmx 1cm x bone deep placed on Rt. Postero parietal area of scalp with fresh clotted blood. 2. Multiple punctured lacerated wounds 1/2 x 1/2 collar of abrasion placed over and extending from distal 1/3 Rt.arm upto Rt. hand on dorsal and lateral aspect. 3. Punctured lacerated wound 1cm x 1/2 cm with collar of abrasion on lateral outer aspect of wound placed 11cm away from Rt. nipple. Ramesh (Pw.1) vide injury report (Ex.P -25) received following injuries: 1. Diffuse swelling over Lt.side upper lip with contusion on Lt. side buccal mucosa of upper lip Rt. upper incisor shows mobility with c/o pain and tenderness and Lt. upper central lateral incisor and Lt. upper canine missing with leaving fresh socket with bleeding. 2. Abraded bruise 3cm x 2cm x red in colour on Lt. side hip c/o pain and tenderness. 3. Abrasion 3cm x 3cm on medial aspect of Rt. leg. 4. Two scratch abrasions 3cm x ¼ cm each on Rt. knee cap.;