Shiv Kumar Sharma, J. - (1.) The appellants, six in number, saw their life reflected in the Magic-Mirror of Law while they were put to trial before learned Additional Sessions Judge (Fast Track) No.1 Jhalawar for having committed murder of Birdhi Lal, learned Judge vide judgment dated August 2, 2004 convicted and sentenced them as under Durga Lal s/o Jeewan Lal, Bheru Lal s/o Bhanwar Lal, Durga Lal s/o Dev Karan, Ramesh s/o Jeewan Lal, Dev Lal s/o Jeewan Lal and Suraj Mal s/o Chunni Lal : U/s. 302/149 PC Each to suffer imprisonment for life and fine of Rs.1000/-, in default to further suffer rigorous imprisonment for three months. U/s. 148 IPC Each to suffer rigorous imprisonment for two years. U/s. 323/149 IPC Each to suffer rigorous imprisonment for six months. U/s. 324/149 PC : Each to suffer rigorous imprisonment for two years. The substantive sentences were ordered to run concurrently.
(2.) It is the prosecution case that on October 23, 2002 at 11 AM Police Station Jhalrapatan recorded Parcha Bayan (Ex.P-1) of Lal Chand (Pw.1), who was admitted to Government Hospital in an injured condition. In the Parcha Bayan Lal Chand stated that on the preceding day his bullock cart was taken away by Durga Lal without his permission and because of this hot words were exchanged between them. On the said day around 9 AM when his brother Birdhi Lal (since deceased) was returning from the field and informant was proceeding to village Nimoda, Jiwan Lal, Dev Lal, Durga Lal s/o Jiwan Lal, Ramesh s/o Jiwan Lal, Suraj Mal, Chunni Lal, Bhanwar Lal, Bheru Lal, Ramesh s/o Bhanwar Lal, Naru and Durga Lal s/o Dev Karan belaboured them and gave beating to them with Gandasi and Pipes. Informant and his two brothers sustained injuries. They were removed to the hospital, but Birdhi Lal died on the way. On that parcha bayan case under sections 147, 148, 149, 302, 307 and 323 IPC was registered and investigation commenced. After completion of investigation charge sheet was filed. In due course the case came up for trial before the court of learned Additional Sessions Judge (Fast Track) No.1 Jhalawar Charges under sections 147, 148, 302, 302/149, 323, 323/149, 324 and 324/149 IPC were framed. The appellants denied the charges and claimed trial. The prosecution in support of its case examined as many as 23 witnesses. In the explanation under Sec.313 CrPC, the appellants claimed innocence. One witness in support of defence was examined. Learned trial Judge on hearing final submissions, while acquitting four: co-accused persons, convicted and sentenced the appellants as indicated herein above.
(3.) Death of Birdhi Lal was undeniably homicidal in nature. As per post mortem report (Ex.P-34) following ante mortem injuries were found on the dead body : 1. Incised wound Left side occipital temporal region head 5 x 3 x 4 cm tailing posteriorly extending into brain tissue having cut underlying bone covered with effused clotted blood. 2. Incised wound left side head 13 x 4 x 5 cm extending from frontal region to occipital region just above left ear cutting brain tissue having cut underlying bone of skull tailing posteriorly covered with effused clotted blood. Cause of death of deceased according to Autopsy Surgeon DrAshok Sharma (Pw.20) was coma due to injuries on head extending into brain matter due to sharp weapon.;