Shiv Kumar Sharma, J. - (1.) The appellants, four in number, were put to trial before learned Additional Sessions Judge (Fast Track) No. 2, Kota. Learned Judge vide judgment dated November 20, 2002 convicted and sentenced the appellants as under: - Mahaveer U/s. 302 and Radhey Shyam, Manphool and Kaloo U/s. 302/149 IPC: To suffer imprisonment for life and fine of Rs. 1000/ -, in default to further suffer rigorous imprisonment for one month. Mahaveer & Radhey Shyam U/s. 147 IPC: Both to suffer rigorous imprisonment for one year. U/s. 341 IPC: Both to suffer simple imprisonment for one month. U/s. 323 IPC: Both to suffer rigorous imprisonment for one year. U/s. 324/149 IPC: Both to suffer rigorous imprisonment for two years. Manphool & Kaloo: U/s. 148 IPC: Both to suffer rigorous imprisonment for two years. U/s. 323/149 IPC: Both to suffer rigorous imprisonment for two years. U/s. 324 IPC: Both to suffer rigorous -imprisonment for two years. U/s. 341 IPC: Both to suffer simple imprisonment for one month. The substantive sentences were ordered to run concurrently. The prosecution case is founded on Parcha Bayan of injured Manoj (Ex. P -21) recorded on July 10, 2001 at 9.45 AM at hospital by SHO Police Station Khatoli. In the Parcha Bayan Manoj stated that on the said day around 7 AM while he was returning from the field, he was belaboured by Mahaveer, Manphool, Radhey Shyam, Surendra and Kalu. Mahaveer inflicted three -four blows with lathi on his head and one blow on the waist. When his father made attempt to intervene, he was also given beating. The incident was witnessed by Manglya and Rampal. On that parcha bayan a case was registered under Ss. 341, 323, 307 and 147 IPC and investigation commenced. Necessary memos were drawn, statements of witnesses were recorded, accused were arrested. During the course of investigation injured Manoj succumbed to his injuries and Sec. 302 IPC was added. 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. 2, Kota. Charges under Ss. 147 or 148, 302, 323 or 323/149, 341, 307/149 and 302/149 IPC were framed against the accused, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 21 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 convicted and sentenced the appellant as indicated herein above.
(2.) As per injury report (Ex. P -6) Manoj received following injuries: - - 1. Diffuse swelling (5 x 3 cm) placed on scalp on parietal region. 2. Swelling (4 x 3 cm) placed on lumber region.
(3.) Diffuse selling (4 x 3 cm) placed on L. waist. Autopsy on the dead body of Manoj was performed by Dr. P.K. Tiwari (P.W. 17) and as per Post Mortem report (Ex. P -33) the cause of death was coma as a result of head injury. 3. We have heard rival contentions and scanned the record.;