SANGEET LODHA,J. - (1.) This appeal is directed against judgment dated 30.11.90 passed by learned Sessions Judge, Sirohi, whereby the respondents accused Shanker Lal and Tara Ram have been convicted and sentenced as under:- Shanker Lal U/s. 323 IPC : (For causing injuries to deceased Bhanwar Singh) Imprisonment for the period already undergone in the custody and fine Rs.1,000/- and in default in payment of fine to further suffer three months rigorous imprisonment. U/s 323 IPC :( For causing injuries to Jasoda) Fine Rs.500/- and in default in payment of fine to suffer rigorous imprisonment for two months. TARA RAM: U/s. 323 IPC : (For causing injuries to deceased Bhanwar Singh) Imprisonment for the period already undergone in the custody and fine Rs.1,000/- and in default in payment of fine to further suffer three months rigorous imprisonment. All the three accused Shanker Lal, Tara Ram and Gawari have been acquitted of the charge under Section 302 IPC.
(2.) In nutshell the prosecution case is that on 30.5.89 at 10.45 P.M., on the oral information given by one Shri Raju, Rikshawala, at Police Station, Pindwara about the serious case of beating, Shri Fateh Singh (PW 20), SHO, Police Station, Pindwara and other police personnel reached at Government Hospital, Pindwara and inquired about the incident from Jasoda (PW 7), the sister of deceased Bhanwar Singh. Thereupon, Smt. Jasoda revealed that deceased Bhanwar Singh and accused Shanker Lal are neighbours; they were having acrimonious relationship inasmuch as, Shanker Lal had opened a gate in the gali in the back of their houses. On 30.5.89 at 7 A.M. while Bhanwar Singh was sleeping in the gali, accused Gawari, the wife of accused Shanker Lal had threw urine over him and for this reason, they had altercations. As per Jasoda (PW 7), on the fateful day at 10 P.M. when the deceased Bhanwar Singh from his shop reached in front of his house on bicycle, Shanker Lal, his wife Gawari and Tara Ram started abusing him. Hearing the ruckus, Bhanwar Singh (PW 2), Karan Singh (PW 3), Hari Singh (PW 5) and Sunder (PW 8), niece of Jasoda (PW 7), rushed to the place of occurrence. The accused Shanker Lal gave a lathi blow on the head of Bhanwar Singh (deceased); he fell, thereafter, Gawari hurled a big stone on the neck of Bhanwar Singh and accused Tara Ram stifled his neck with both the hands and when Jasoda (PW 7) attempted to rescue him, accused Shanker Lal gave lathi blow on her both the hands, then Bhanwar Singh (PW 2), Karan Singh (PW 3), Hari Singh (PW 5), Sunder (PW 8) intervened and separated the accused persons. Bhanwar Singh (deceased) fell unconscious who was taken to the hospital in Rikshaw of Raju, the moment they reached the hospital, Bhanwar Singh died.
(3.) It is need to be noticed that in the intervening night of 30.5.89 and 31.5.89 when the SHO Fateh Singh reached the hospital, accused Gawari was also present there, who on inquiry being made, stated that on the fateful day at 6 A.M. a few drops of water thrown by her daughter fell on Bhanwar Singh (deceased), which resulted in some altercations between Bhanwar Singh (deceased) and her husband Shanker Lal. In the night at about 9.30 P.M. when she and her husband after taking their meal were sleeping in the chowk of their house, Bhanwar Singh hurled a piece of brick into their house which hit the forehead of her husband Shanker Lal. When they came out of their house, they saw Bhanwar Singh (deceased) and Jasoda standing in front of their house. Bhanwar Singh inflicted an injury on her neck by brick and two injuries on her hips. At that juncture, Tara Ram, the brother of Shanker Lal also reached there and there was quarrel between Shanker Lal, Tara Ram and Bhanwar Singh. Hearing the hue and cry, Kesaram Kumhar and Maulvi Sahab came to their rescue. On the basis of the statement of Smt. Gawari as aforesaid, the police registered an FIR (Ex.D/8) on 31.5.89 at 1.45 A.M. for offence under Section 336 IPC. After investigation, the police found that Bhanwar Singh caused injuries to Gawari and Shanker Lal, the respondents accused herein, but since Bhanwar Singh had died, the police filed the final report.;