Shiv Kumar Sharma, J. - (1.) ANOOP @ Dhola, a teenager girl, ran blindly and threw herself into the well to escape the fury of the assailants. The assailants, appellants herein, were put to trial for having committed offence of murder of the girl. Challenge in this appeal is to the judgment dated May 23, 2003 of the learned Additional Sessions Judge (Fast Track) Behror District Alwar, whereby the appellants, five in number, were convicted and sentenced as under: Satyaveer Singh, Ranveer Singh, Lali Devi and Maya Devi: Under Section 302 IPC: Each to suffer imprisonment for life and fine of Rs. 500/ -, in default to further suffer simple imprisonment for three months. Under Section 148 IPC: Each to suffer rigorous imprisonment for two years and fine of Rs. 200/ - in default to further suffer simple imprisonment for one month. Under Section 323 IPC: Each to suffer rigorous imprisonment for six months and fine of Rs. 200/ -, in default to further suffer simple imprisonment for one month. The substantive sentences were ordered to run concurrently. Lixmi @ Laxmi Devi: Under Section 148 & 323 IPC: Instead of sentencing benefit of probation was extended.
(2.) IT is the prosecution case that on September 23, 2001 informant Sheotaj Singh (Pw. 2) submitted a written report (Ex. P -5) at police Station Mandan stating therein that on the said day around 6.30 PM Satyaveer, Maya, Laxmi, Vijendra, Bhagwan Singh, Lali and Ranveer gave beatings to informant, his daughters viz. Anoop @ Dhola, Mukesh, Kamlesh and his wife and they pushed Anoop down into a well. On that report case under Sections 143, 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 Anoop @ Dhola succumbed to her 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) Behror District Alwar. Charges under Sections 148, 341, 323 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 14 witnesses. In the explanation under Section 313 CrPC, the appellants claimed innocence. One witness was 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.
(3.) AS per post mortem report (Ex. P -13) following ante mortem injuries were found on the dead body: 1. Lacerated wound 3cm x 4cm on Rt. leg above knee joint posteriorly fracture of Rt. femor bone. 2. Abrasion 15cm x 10cm on Rt. side of back. 3. Abrasion 6cm x 4cm on left thigh laterally. 4. Abrasion 12cm x 8cm on Rt. side of chest laterally.;