SINGH, J. - (1.) RAMJI Lal, Shambu Lal, Ram Kishore, Ram Prasad, Lala Ram and Kanhaiya Lal (appellants herein) were put to trial before the Additional Sessions Judge, Dausa who vide judgment dated December 6, 2003 convicted and sentenced the appellants as under: Ram Prasad : u/s. 302 IPC: to suffer rigorous imprisonment for life and fine of Rs. 2,000/-, in default to further suffer rigorous imprisonment for three months. Ram Kishore : u/s. 326 IPC: to suffer rigorous imprisonment for two years and six months and fine of Rs. 1000/-, in default to further suffer additional rigorous imprisonment for two months. RAMJI Lal, Kanhaiya Lal, Shambhu and Lala Ram: u/s. 325 IPC: each of them to suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer additional rigorous imprisonment for one month. RAMJI Lal, Kanhaiya Lal, Shambhu and Lala Ram : u/s. 323 IPC: each of them to suffer rigorous imprisonment for six months. All the sentences were ordered to be run concurrently.
(2.) BRIEFLY stated, the prosecution case is that informant Latoor Chand, by caste Dhobi, R/o village- Chawariya-bas lodged a written report at Police Station Lalsot, District Dausa on February 15, 2002 at 1. 00 P. M. In the report, he stated that this daughter Manti had gone to `jungle' for grazing goats on February 14, 2002, she was caught by Ram Prasad and Lala Ram, both sons of Gopi Lal who tried to outrage her modesty. They left her when she started crying. In the evening, on return she narrated this to her mother. Then her mother went to the house of Ram Prasad and Lala Ram to protest and to tell them that they being brothers in relation, should not have indulged in such activities. But she was abused and driven out of the house. Then, the informant himself went to their house on February 15, 2002 in the morning to make them understand but they started abusing him. When the informant was returning to his house, Kanhaiya Lal, Kailash, Ram Vilas; Lala Ram, Ram Prasad, Sanotsh and Babu Lal, Anandi Lal, Shambhu Lal, Ram Kishore, Mohan Lal, Ramji Lal with their ladies Panchi, Ladbai, Rajanti, Kali and Samundra came armed with lathies, sticks and Kulhari, followed and assaulted him hear `nala'. On hearing his cries, his family members Ram Gopal, Shambhu Lal, Mohan Lal and Smt. Parwati, Gayatri and Manti rushed but they were also beaten. The incident was seen by Rewad Mal, Shyam Murari and other villagers who brought the injured to their house. On the above report, a case u/s. 143, 341 and 323 IPC was registered at Police Station Lalsot and investigation commenced. On February 16, 2002, injured Gopal succumbed to the injuries in the hospital at Lalsot, his post mortem was conducted at 8. 50 a. m. Accordingly, the case was converted to the offence u/s. 302 IPC. During investigation, necessary memos were drawn, statements of witnesses were recorded, accused persons were arrested and weapon of offence were recovered. After collecting necessary evidence, challan was filed against Ramji Lal, Shambu Lal, Anandi Lal, Ram Vilas, Kailash, Ram Kishore, Ram Prasad, Lala Ram, Kanhaiya Lal and Smt. Panchi Devi W/o Gopi Lal. In due course, the case came up for trial before the learned Additional Sessions Judge, Dausa. Charges under Sections 147, 148, 323, 324/149, 341/149, 302/149, 302, 325/149, 326 and 326/149 IPC, were framed against the accused who denied the charges and claimed trial. The prosecution in support of its case, examined as many as 17 witnesses. In the explanation under section 313 Cr. P. C. , the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge after hearing final submissions, acquitted accused Smt. Panchi, Ram Vilas, Anandi Lal and Kailash while convicted and sentenced the appellants as indicated hereinabove. We have heard learned counsel for the appellants and the learned Public Prosecutor and with their assistance, scanned the material on record. Death of Gopal was undeniably homicidal in nature. As per the post mortem report (Ex. P. 8) the following ante mortem injuries were found on his body: 1. A stitched wound 3. 5 cm long on Right Parietal region of scalp. 2 A stitched wound 7 cm long on left fronto parietal region of scalp. 3 An abrasion 1 x 1 cm on Right little finger. In the opinion of Dr. Gopal Khandelwal (PW. 9), the death of Gopal was due to coma which was result of extra dural hematoma and injury to brain. Deceased Gopal was examined for his injuries before death by Dr. B. M. Sharma (PW. 11) vide Ex. P. 15, who found the following injuries on his body: 1. Incised wound, 7 cm x 1 cm x bone deep, on the left side fronto-parietal region of the scalp, longitudinal in direction. Fresh blood clot present. 2. Lacerated wound, 3. 5 cm x 1/2 cm x bone deep, on the (rt) occipito-parietal region of the scalp. Fresh blood clot present.
(3.) AS per injury report of injured Smt. Prabhi W/o Gopal (Ex. P. 13), Dr. B. M. Sharma (PW. 11), found that there was swelling, 7 cm x 6 cm size, on the back of the lower part of the (rt) forearm. AS per x-ray report of injured Smt. Prabhati W/o. Gopal, (Ex. P. 9), Dr. Abha Jain (PW. 10), found a fracture of lower end of ulna bone at right forearm. As per injury report of injured Latoor (Ex. P. 16), Dr. B. M. Sharma (PW. 11), found the injures as under: 1. Incised wound, 6 cm x 1. 5 cm x bone deep, on the back of the left elbow. Fresh blood clot present. 2. Swelling, 2. 5 cm x 2 cm size, distal inter phalangeal joint of the back of the (rt) middle finger. 3. Lacerated wound, 2 cm x 1/2 cm x soft tissue deep, on the left fronto-parietal region of the scalp. Fresh blood clot present. 4. Abrasion, 2. 5 cm x 1/2 cm size, on the back of the lower part or the (rt) forearm. 5. Two abrasions, 3 cm x 1/2 cm & 2 cm x 1/2 cm size, on the back of the upper part of the (rt) forearm. 6. Abrasion, 1 cm x 3/4 cm size, on the back of the lower part of the (rt) thumb. 7. Complain of pain on the (rt) elbow. As per x-ray report of injured Latoor (Ex. P. 11), Dr. Abha Jain (PW. 10), found that there were fractures of left hand of ulna bone and also fractures of middle phalynex of middle finger of right hand. As per injury report of injured Shambhu (Ex. P. 14), Dr. B. M. Sharma (PW. 11), found the injures as under: 1. Lacerated wound, 1 cm x 1 cm x skin deep, on the posterior part of the mid parietal region of the scalp, fresh blood clot present. 2. Complain of pain on the (rt) thigh. 3. Swelling, 6 cm x 4 cm size, on the outer side of the dorsal (upper) aspect of the (rt) foot, below & anterior to the (rt) ankle joint. Colour of skin red. ;