SHARMA, J. - (1.) THREE different stories appear in this case. The first story according to FIR declares accused Mohan Lal as the author of fatal injury received by the deceased on his head, whereas second story based on the evidence adduced at the trial, indicates that it was accused Pratap, who inflicted the fatal blow. On the other hand accused Nathu Ram has come forward with the third story by admitting that he himself gave a fatal blow when the deceased stripped Phooli naked. Let us find out the truth.
(2.) THE above named three accused are the appellants before us. THEy were put to trial before learned Additional Sessions Judge (Fast Track), No. 1, Jaipur District, Jaipur, who vide judgment dated June 11, 2004, while acquitting co-accused persons, convicted and sentenced them as under:- Mohan Lal U/s. 302 and Pratap Chaudhary and Nathu Ram: U/s. 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. U/s. 323 IPC: Each to suffer rigorous imprisonment for six months. THE substantive sentences were ordered to run concurrently. It is the prosecution case that on May 6, 2002 informant Mahadev (Pw. 3) submitted a written report (Ex. P-3) at police Station Samod stating therein that on the preceding day around 5 PM while his nephew Kailash was tilling his field, Mohan Lal and Ram Pratap armed with lathi and Pharsa came over there and started beating Kailash. On hearing hue and cry Mali Devi, Sugan Chand and Mali Ram rushed to the spot. In the meantime Nathu Ram, Phooli Devi, Manju Devi and Mukesh Devi also reached there armed with lathis, Axe and Dantli. Mohan Lal then inflicted Pharsa-blow on the head of Sugan Chand. Ram Pratap and Nathu Ram gave beating to Kailash and Mali Ram, whereas Phooli Devi, Mukesh Devi and Manju Devi caused injuries to Bhagoti Devi. On that report case under sections 147, 148, 149, 447, 341, 323 and 307 IPC was registered and investigation commenced. Necessary memos were drawn and statements of witnesses were recorded. During the course of investigation Sugan Chand 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 Jaipur District. Charges under sections 148, 323, 307, 307/149, 302 and 302/149 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 26 witnesses. In the explanation under Sec. 313 Crpc, the appellants claimed innocence. Three witnesses were examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above. We have heard the submissions and weighed the oral and documentary evidence. Prior to breathing last, Sugan Chand was medically examined and as per injury report (Ex. P- 37) following injuries were found on his person:- 1. Post operative bandage on scalp & forehead with blacking and swelling. 2. Diffuse swelling with distortion seen on Rt. side face. Dr. H. L. Bairwa (Pw. 25) after performing autopsy on the dead body drew post mortem report (Ex. P-36), according to which the cause of death was coma as a result of injuries to skull and brain. Coming to the injuries received by other persons in the incident we find that Kailash Chand (Pw. 7) vide injury report (Ex. P-38) received following injuries:- 1. Stitched wound 4cm on Rt. frontal region obliquely placed with clotted blood. 2. Abrasion 1 x 1cm red in colour on Rt. ankle region dorsally. 3. Abrasion 1 x 1/2 cm on red in colour on Lt. elbow medially.
(3.) MALI Ram (Pw. 6) vide injury report (Ex. P- 35) also received following injuries:- 1. Abrasion 1. 8cm x 0. 2cm over lateral malledy of left foot. 2. Abrasion 0. 8cm x 0. 7cm over left knee joint antero lateral aspect. 3. Abrasion 1cm x 0. 2cm over lower end of left radius posterior lateral aspect of left wrist joint. 4. Abrasion 1. 5cm x 1cm over left knee joint anteriorly. At this juncture it may be noticed that members of the accused party also received injuries in the same incident. Appellant Nathu Ram vide injury report (Ex. D-11) received in addition to bruises and abrasions, lacerated and incised wounds thus:- Lacerated wound 3cm x 0. 3cm deep to bone over left leg. Incised wound 1. 3cm x 0. 18cm through & through external pinna lower lateral side of left ear. Phooli vide injury report (Ex. D-12) also received following injuries:- 1. Bruise 3cmx 2cm left parietal region of scalp. 2. Bruise 4cm x 1. 2cm over blacking. 3. Bruise Rt. thumb on distal of Rt. scapula. ;