Shiv Kumar Sharma, J. - (1.) In 1920 Justice Holmes announced what became known as the ''Fruit of the poisonous tree" doctrine that barred evidence, which could be traced to an illegal source. This doctrine has come up to our mind in the wake of the salient features of the instant case where altercations started over cattle trespass resulted in death of one Madia. The Investigating Officer, however changed the place of incident, and over implicated as many as eleven persons, who were put to trial before Sessions Judge Bundi for having committed murder of Madia. Learned Judge while acquitting three, convicted and sentenced eight appellants as under : Dev Lal s/o Nanada, Jagdish, Bhojya, Satya Narayan, Indra, Ram Nath, Dalu @ Dev Lal s/o Bhagota and Sobhag : U/s.302/149 PC : Each to suffer imprisonment for life and fine of Rs.5000/-, in default to further suffer simple imprisonment for six months. U/s.148 IPC Each to suffer simple imprisonment for six months. U/s.323/149 PC : Each to suffer simple imprisonment for three months. U/s. 325/149 IPC : Each to suffer simple imprisonment for six months and fine of Rs.1000/-, in default to further suffer simple imprisonment for one month. The substantive sentences were ordered to run concurrently.
(2.) It is the prosecution case that on August 17, 1997 around 11.00 AM injured Bheru Lal (Pw.1) along with Shyoji Lal and Jagannath Bairwa reached at Police Station Nainwa and lodged the report with the averments that on the said day around 9.30 AM when Madiya, Bhawana, Satya Narayan, Sanvla, Phoondi Lal, Goru, Mishri Bai and Lodkya were watering the crop they were called by Bhojya. The informant along with other members of complainant party rushed towards Bhutya Bardi where they were surrounded by the appellants. Appellant Sobhag, armed with lathi, exhorted others to kill members of complainant party, thereupon Bhoju, Ram Chandra, Jagdish, Satya Narayan, Dev Lal, Ram Nath, Indra, Dalu @ Dev Lal, Dhanna and Mahaveer armed with lathis came over there. Sobhag inflicted blow with Madal of axe on the head of Madiya, as a result of which Madiya fell down and died on the spot. The members of complainant party including informant, Bhawana, Satya Narayan, Phoondi Lal, Goru, Lodkya and Sanvla were also beaten up. On that report case under sections 147, 148, 302, 307, 323 and 324/149 IPC and Section 3 SC/ST (PA) Act was registered and investigation commenced. Necessary memos were drawn and after completion of investigation charge sheet was filed. In due course the case came up for trial before the court of learned Sessions Judge Bundi. Charges under sections 148, 302/149, 307/149, 323/149 IPC and Section 3 SC/ST (PA) Act were framed. The appellants denied the charges and claimed trial. The prosecution in support of its case examined as many as 17 witnesses. In the explanation under Sec.313 CrPC, the appellants claimed innocence. Two witnesses in support of defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.
(3.) Having heard rival submissions, we notice that death of Madiya was undeniably homicidal in nature. As per post mortem report (Ex.P-57) following ante mortem injuries were found on the dead body : 1. Hematoma 4" x 4'' left side of forehead. On dissection depressed fracture 2'' x 2'' present at left side of frontal bone of skull. Membranes of brain lacerated. Brain tissue contused. 2. Bruise with swelling 11/2" x 11/2" at left eye brow. The cause of death according to Autopsy Surgeon was injury to brain tissue.;