SHARMA, J. - (1.) TRIFLE dispute over cakes of cow-dung resulted in death of Ram Nath. Cause of death was hemorrhagic shock due to laceration of spleen and fractures of 8th, 9th and 10th ribs. The appellants, eight in number, were put to trial for having committed murder of Ram Nath before learned Additional Sessions Judge (Fast Track), No. 1, Bundi, who vide judgment dated April 24, 2003 convicted and sentenced them as under:- Raja Ram @ Raju, Ratnya @ Ram Ratan, Dhan Raj, Arjun @ Urjan, Mohan, Sheo Karan, Harnath and Ram Nivas: U/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month. U/s. 148 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 100/-, in default to further suffer simple imprisonment for ten days. U/s. 325/149 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 100/-, in default to further suffer simple imprisonment for fifteen days. U/s. 323 IPC: Each to suffer simple imprisonment for six months and fine of Rs. 50/-, in default to further suffer simple imprisonment for five days. U/s. 147 IPC: Each to suffer simple imprisonment for six months and fine of Rs. 50/-, in default to further suffer simple imprisonment for five days. The substantive sentences were ordered to run concurrently.
(2.) IT is the prosecution case that on October 14, 1994 Ram Nath (since deceased) along with Dakha (Pw. 5) and Kali (Pw. 7) reached to the police Station Dei and orally informed that on the said day while Dakha was collecting Uplas (cakes of cow dung), Sheo Karan, Ratanya Raju, Mohan, Dhanraj, Ram Niwas and Arjun got Uplas scattered and started beating Dakha. When Ram Nath intervened and made attempt to rescue her, Raju inflicted blow with Gandasi on his head and others also gave beating to him. Kali was also beaten up. The information was recorded and on that report, case under sections 147, 148, 149, 307 and 323 IPC was registered and investigation commenced. Necessary memos were drawn and statements of witnesses were recorded. During the course of investigation Ram Nath succumbed to his injuries and section 302 IPC was added. The appellants 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. 1 Bundi. Charges under sections 147, 148, 149, 307, 302 and 323 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 13 witnesses. In the explanation under Sec. 313 Crpc, the appellants claimed innocence. No witness in defence was however examined. 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 and learned Public Prosecutor and with their assistance scanned the material on record. As per injury report (Ex. P-33) Ram Nath sustained following injuries:- 1. Lacerated wound 3 x 2 x 1cm at scalp occipital region. 2.Lacerated wound 2 x 2cm left leg below knee joint 3. Contusion 2 x 2inch back of left elbow. 4. Contusion 5 x 3inch left side chest wall at ant. auxiliary line 5. Abrasion 1 x 1cm at Rt. leg ant. aspect. Ram Nath succumbed to his injuries and according to post mortem report (Ex. P-34) the cause of death was hemorrhagic shock due to laceration of spleen and fracture of 8th, 9th and 10th ribs Ant. aspect. Kali Bai (Pw. 7) vide injury report (Ex. P- 32) received following injuries:- 1. Contusion 2" x 2" above left iliac fossa 2. Contusion 1" x 3/4" left mid arm posterior aspect. 3 Abrasion 11/2" x 1" lateral aspect of left leg.
(3.) AS per injury report (Ex. P-31) Dakha (Pw. 5) received injuries as under:- 1. Contusion 2" x 2" left wrist joint. 2. Contusion 2" x 2" left shoulder joint 3. Contusion 11/2" x 2" left thigh lateral & posterior aspect. The prosecution case is founded on the testimony of Dakha (Pw. 5) and Kali (Pw. 7), who were examined as injured eye witnesses of the occurrence. In her deposition Dakha stated that on the day of incident around evening while she went to take Uplas (cakes of cow dung) she found that the same were broken thereupon she asked the accused persons as to why they had broken the same. Thereupon Arjun pelted stone at her and Sheo Karan gave beating to her. When her father-in-law Ram Nath intervened he was beaten up with Gandasi and lathis. Kali was also beaten up by the assailants. Testimony of Dakha gets corroboration from the evidence of Kali (Pw. 7 ). Factual situation that emerges from the material on record may be summarized thus:- (i) The report lodged by Ram Nath, being his dying declaration, is admissible in evidence. In the said report fatal injuries on the ribs have not been attributed to any assailant. (ii) The injury inflicted over head of Ram Nath was found simple. Ram Nath died on the next day of the incident. (iii) As per autopsy report, cause of death was hemorrhagic shock due to laceration of spleen and fracture of 8th, 9th and 10th ribs Ant. aspect. (iv) The appellants were the members of unlawful assembly and the common object of the assembly was to cause grievous hurt to Ram Nath. The nature of injuries and the manner of attack, as stated in the FIR and deposed by witnesses Dakha and Kali, indicate that the appellants did not have intention to cause the death of Ram Nath. ;