MOHAMMAD RAFIQ,J. - (1.) This criminal appeal under Section 374 of the Code of Criminal Procedure has been filed on behalf of four accused appellants, namely, Banay Singh, Pooran, Bharat Singh @ Bhulli and Rambharosi, all sons of Shri Girraj, assailing judgment and order dated 30.08.1990 passed by the Special, Court (Dacoity Affected Area) Bharatpur, in Sessions Case No.12/89 (106/88), whereby the accused-appellants have been convicted and sentenced in the following manner:- JUDGEMENT_269_LAWS(RAJ)5_2018_1.html All the sentences were ordered to run concurrently.
(2.) Facts giving rise to this appeal are that a written report (Exhibit P-1), scribed by Mohan Singh (PW-6), was submitted under the signature of Bhuwal Singh (PW-2) S/o deceased Shyama, on 24.09.1988 to the Station House Officer, Police Station Kotwali, District Bharatpur, (which was addressed to the Superintendent of Police, Bharatpur), alleging therein that his father Shyama and brother Pachvir (PW-5) were milking the animals on 24.09.1988 at 5:45 PM, suddenly Pooran, Banay Singh, Bharat Singh @ Bhulli and Rambharosi, all sons of Girraj, etc. came there armed with 'ballam' and 'pharsas' and attacked his father and brother with a view to kill them. Banay Singh was armed with 'pharsa', Bharat Singh @ Bhulli was armed with 'ballam', Pooran was armed with 'ballam', Rambharosi was armed with 'katta' and their wives were armed with 'lathis'. They caused injuries to father and brother of the complainant, resulting in serious injuries to them. The complainant further stated that he ran away from the place owing to fear to his life. The accused left his father and brother taking them as dead. His neighbours took them to hospital and admitted them. They were in critical condition. It was further stated that at that time, Prahlad, Bheem and Bachchu were present at the place of occurrence. It was prayed that action be taken against the culprits.
(3.) On the basis of aforesaid written report, the police registered a regular first information report bearing F.I.R. No.485/88 for offence under Sections 147, 323 and 307 IPC and commenced investigation. The doctor examined Shyama on 24.09.1988 at 07:15 PM. His injury report is Exhibit P-15, according to which he sustained eight injuries. Injuries no.1 to 7 were caused by blunt object, whereas injury no.8, which was incised wound, was caused by sharp object. The doctor also examined Pachvir Singh on 24.09.1988 at 07:00 PM. His injury report is Exhibit P-14, according to which he sustained six injuries. All the injuries sustained by him were caused by sharp object. Injury no.1 was found to be grievous in nature with fracture of first and second knuckles. Thereafter, Shyama died at 04:15 AM on 25.09.1988. His postmortem report is Exhibit P-17, which was conducted at 08:00 AM on 25.09.1988, according to which injuries no.1 and 2 were sufficient in the ordinary course of nature to cause death individually as well as cumulatively. The postmortem report in its Column 2 shows that the vault of skull showing fissure fractures in the right left and left parietal and this fracture is extending upto the left temporal and left frontal bone on the outer side forming question mark shape starting from vault to left side skull.;