- (1.) Accused Murli, Prabhat, Kajor, Lalu, Roora, Smt. Chandri, Smt. Ramli and Smt. Bodi were tried by the learned Additional Sessions Judge, Sikar for committing the murder of Surja Ram and causing injuries to Chhotu, Goru and Badri. The learned Additional Sessions Judge found accused Murli, Prabhat and Kajore alias Kishore guilty of offence punishable under Section 302 read with Section 34 I.P.C. and sentenced each of them to imprisonment for life. They were also convicted under Section 447 I.P.C. and each of them was sentenced to a fine of Rs. 100/-. Accused Lalu and Roora were convicted under Section 447 and 323 I.P.C. Each of them was sentenced to a fine of Rs. 100/ - under the first count and three month's rigorous imprisonment under the second count. Smt. Chandri, Smt. Ramli and Smt. Bodi were convicted under Section 447 I.P.C. and each of them was sentenced to a fine of Rs. 100/ - . In default of the payment of fine to suffer one month's simple imprisonment. Smt. Bodi was also convicted under Section 323 T. P. C. and was sentenced to a fine of Rs. 100/-. In default of the payment of fine to further suffer one month's simple imprisonment.
(2.) Tersely speaking shown of unnecessary details the relevant facts for the decision of this case are that on July 13, 1972 at about 7.00 a. m. PW 1 Chhotu in the company of his brother Surjaram (since deceased), PW 14 Badri and PW 2 Goru reached his field known as Gurjawali, which is situated in the Tan of Dhani Cheta. They with the help of their oxen and plough cultivated a portion of their field. As the sticks of accused Prabhat were lying in the field, they threw them into the Bada of accused Prabhat, which was situated adjacent to the place where they were ploughing the field. Accused Prabhat and Murli came running on the place of incident from their Dhani. Murli was armed with an axe and Prabhat was armed with a Ranpan. Accused Prabhat inflicted a blow on the head of Surja ram and accused Murli also inflicted an axe blow from its reverse side on the head of Surjaram. On hearing hue and cry accused Roora, Lalu, Kajore, Smt. Bodi, Smt. Chandri and Smt. Ramli after being armed with lathis came together with a common object to kill Surjaram and others. While coming on the field they raised a cry "MARLO, MARLO. Accused Lalu gave a lathi blow on the head of Goru, while Kajore inflicted a lathi blow on Surjaram, which fall on his head. Accused Smt. Chandri and Murli exhorted others to finish the victims. A first information report of this occurrence was lodged, at the Police Station, Thoi at 7.30 a. m. on the same day. Injured Chhotu, Surjaram (since deceased) and Goru were taken to the hospital at Ajitgarh for medical aid. They were clinically examined by PW 16 Dr. Bbanwar Singh Devra. Their injury reports are Ex. P/2, Ex. P/3, and Ex. P/4. Surjaram succumbed to his injuries in the hospital on the same day. Autopsy on the dead body of Surjaram was performed by the same doctor. The postmortem report is Ex. P/6, Dr. Bbanwar Singh noticed the following external injuries on the person of Surjaram:- 1. Lacerated wound 13/4" X 1⅛ obliquely placed on left side of scalp, 1" away from mid line and 41/4" above the left eye-brow. The injury was bleeding. 2. Lacerated wound 3'X V vertically placed on right side of the scalp, 1" away from mid-line and 41/2" above the right eye-brow. The injury was bleeding. 3. Lacerated wound 11/4" x 1/4" obliquely placed starting from mid-line on left side of the scalp, 4" above the occipital protuberance. 4. 'Contention 2 X 3/4' obliquely placed on the lateral part of right forearm, 1/2" below the below joint. 5. On the left side of both the upper incisers and canine teeth were missing. Lower both incisers and on the right side both lower incisers and canine and upper canine and first prenola teeth were missing. The sockets were bleeding profusely. According to the doctor, the condition of the injured Surjaram when he was brought to the hospital was serious and he was in a state of coma due to injuries Nos. 1 to 3. On internal examination of the dead body Dr. Bbanwar Singh noticed there was diffused haemotoma all over the scalp on left side on parietal and frontal part of right side. (Fracture of right frontal bone starting from mid-line running horizontally upon 11/2", than slightly obliquely running posteriorly 1/4" then obliquely towards the ear side 21/2" extending to the right parietal bone, then turning downwards 4" long on right temporal bode just above mastoid process. Fracture of right parietal bone 21/2" long horizontally placed in its middle. There was opening of left side of fronto parietal suture line right from mid line upto 2" and in its continuation there was a fracture of parietal and temporal bones in downwards direction extending upto the left inaudible joint. There was fracture of left parietal bone running anterio-posterity and than obliquely 2 1/2" long extending upto parietal temporal suture. There was also fracture of left frontal bone 2 1/2" long, away from mid line anterio, posteriorly placed in its middle. In the opinion of the doctor injuries Nos. 1, 2 and 3 mentioned in injury report Ex. P/2 with their internal effect resulting into the fractures as mentioned above were individually as well as cumulative sufficient in the ordinary course of nature to have caused the death of the victim. During the investigation the police recovered some of the weapons of offence, but they are of no avail to the prosecution, as none of them except Ranpan was found to be stained with human blood. Ranpan was recovered from an open place and as such its recovery is not sufficient to connect any of the accused with the crime. The police after usual investigation Submitted a challan against all the eight accused in the Court of Munsif Magistrate, Neem-ka-Thana, who after taking proceeding under Section 207-A, Criminal Procedure Code, 1898, committed all the accused to take their trial under various counts to the Court of Additional Sessions Judge, Sikar.
(3.) The accused pleaded not guilty to the charge and the prosecution examined 16 witnesses, in support of their case. Out of whom PW 1 Chhotu and PW 2 Goru are the injured eye witness and PW 14 Badri an another eye witness, who left the scene of occurrence during the course of assault. PW 16 Dr. Bhanwar Singh is the medical officer, who conducted autopsy on the dead body of Surjaram and examined other injured witnesses and accused. PW/16 Banshidhar is the investigating officer of this case. The accused denied their complicity in the crime and raised a plea of self defence to person and property. They examined three witnesses in support of their defence.;