SHARMA, J. - (1.) CHALLENGE in this appeal is to the judgment dated May 30, 2003 of the learned Additional Sessions Judge No. 2 (Fast Track) Kota, whereby the appellants, three in number, were convicted and sentenced as under:- Bhagwan: U/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer simple imprisonment for six months. Om Prakash: U/s. 324 IPC: To suffer rigorous imprisonment for two years and fine of Rs. 2000/-, in default to further suffer simple imprisonment for two months. Ramesh Chand: U/s. 326 IPC: To suffer rigorous imprisonment for three years and fine of Rs. 3000/-, in default to further suffer simple imprisonment for three months. Six co-accused persons, who were put to trail along with the appellants, however were not found guilty and they stood acquitted. The State of Rajasthan did not choose to assail the finding of acquittal and it attained finality.
(2.) A written report was handed over on July 19, 2001 by informant Prem Shankar (PW. 5) at Police Station Budhadeet with the averments that on the said day around 10. 00 AM his Halis viz. Ram Kumar and Sita Ram had gone to the field to sprinkle medicines over crop of Soyabean. Around 1. 30 PM while the informant, Dhanraj, Ishwar and Hemant were returning from the field on a tractor, they were surrounded by Bhagwan, Om Prakash, Ramesh, Kesri Lal, Pappu, Chand Singh, Bajrang Lal, Ratna, Ram Charan, Satya Narayan, Chothmal and Ram Kalyan, who were armed with Swords, Dharia, Kutia and Lathis. Bhagwan then inflicted sword-blow on head of Dhanraj, Om Prakash and Ramesh inflicted Dharia blows on the head and legs of Ishwar and others started inflicting blows indiscriminately. Injured Dhanraj and Ishwar were removed to Sultanpur Hospital. Dhanraj, whose condition was serious, was referred to Kota Hospital where he was declared dead. On that report case under Sections 302, 147, 148, 149, 342 and 323 IPC was registered and investigation commenced. Necessary were recorded, 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 No. 2 (Fast Track) Kota. Charges under sections 147 or 148, 302 or 302/149, 326, 325, 323 or 326/149, 325/149, 323/149 and 341 IPC were framed against the appellants, who 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 appellant claimed innocence and stated that the complainant party gave beating to them and committed murder of Ram Kalyan and cross case was registered against complainant party. Three witnesses were examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated above. We have heard the submissions advanced before us by learned counsel for the appellant and learned Public Prosecutor and with their assistance scanned the material on record. Death of Dhanraj was concededly homicidal in nature. As per Post Mortem Report (Ex. P. 29) following antemortem injuries were found on dead body:- 1. Incised wound 3" x 1/2 x bone deep on Rt. cheek muscles artery/veins cut. 2. Incised wound 1" x 1" x bone deep on left cheek just anterior to ear muscle artery/veins cut. 3. Lacerated wound 2-1/2" x 1/4 x bone deep on left tempo parietal region. 4. Contusion 3" x 1" on left cheek. 5. Incised wound 2" x 1/4" x skin deep on Rt. upper orbital margin. 6. Incised wound 4" x 1" x bone deep on dorsal aspect of Lt. forearm in its lower 1/3 all muscles artery veins are cut. 7. Incised wound 3" x 1" x bone deep on leg in its lower 1/3 muscles artery & veins are cut. 8. Incised wound 6" x 1" x bone deep on Rt. forearm in its upper 1/3 vein, artery & muscles are cut. In the opinion of Dr. P. C. Khandelwal (PW. 8) the cause of death was Syncope because of excessive bleeding. Ishwar (PW. 15) vide injury report (Ex. P. 22) received following injuries:- 1. Incised wound 4" x 1/2" x bone deep on medial aspect of Rt. leg. 2. Incised wound 2" x 1/4" x skin deep on Rt. leg in its middle. 3. Incised wound 4" x 1/2" x skin deep on left foot. 4. Incised wound 2-1/2 x 1/2" x bone deep on Rt. side of forehead. 5. Incised wound 1-1/2" x 1/4" x skin deep on chin 6. Incised wound 1" x 1/4" x skin deep on Rt. knee. 7. Incised wound 2-1/2" x 1/4" skin deep on left side of upper lip. 8. Lacerated wound 2-1/2" x 1/4" x bone deep on left side of left orbital margins. 9 Incised wound 4" x 1/4" x scalp deep in mid parietal region. On X-ray fracture of tibia bone lower end was found. Hemant Kumar (PW. 7) vide injury report (Ex. P. 3) received one abrasion 2 cm x 2 cm on left index finger on proximal phalanx dorsally covered by reddish brown scab.
(3.) PREM Shankar (PW. 5) vide injury report (Ex. P. 4) received following injuries:- 1. Swelling on right hand & forarm lower 1/2 with bruise 5 cm x 4 cm on lower 1/2 forearm anteriorly bluish black. 2. Abrasion 1. 5 cm x 1 cm covered by reddish brown scab on swelling left hand dorsally. 3. Abrasion 4cm x 1 cm covered by reddish brown scab on right side of chest. 4. C/o pain left thigh. Ram Kumar (PW. 10) vide injury report (Ex. P. 5) received one swelling right forearm upper 2/3 and right upper arm lower 1/2. A close scrutiny of material on record reveals that in the same incident a member of the accused party viz. Ram Kalyan died and a cross case bearing FIR No. 98/2001 (Ex. D. 5a) was registered against complainant party on the report of Shambhu Dayal @ Pappu. Ram Kalyan vide postmortem report Ex. D. 14 received following antemortem injuries:- 1. Abrasion 10 x 3 cm on Rt. side frontal scalp 2. Abrasion 5 x 3 cm on lt. mastoid process. 3. Lacerated wound 6 x 2 cm x cartilage deep on lt. pinna. 4. Abrasion 6 x 2 cm on Rt. clavicle. 5. Abrasion 1 x 1cm on Rt. shoulder 6. Abrasion 12 x 3 cm on Rt. fossa. 7. Abrasion 7 x 6 cm on Rt. cheek 8. Abrasion 2 x 2cm on Rt. knee cap & leg. (3 in no.) 9. Diffuse swelling on Rt. Side of chest. 10 Multiple abrasions 1/2 x 1/2 cm on back of Rt. hand. ;