M.A.A. Khan, J. - (1.) This appeal Under section 374(2) of the Code of Criminal Procedure, 1973 (the Cr.P.C.) is directed against the judgment and order dated June 20, 1994, whereby the learned Addl. Session Judge, Baran, in Sessions Case No. 4/94 (old No. 239/93), convicted and sentenced the appellants as under: JUDGEMENT_57_LAWS(RAJ)8_1998_1.html The sentences of imprisonment awarded to Mukut Bihari appellant were directed to run concurrently.
(2.) The relevant facts are these : The parties to this unfortunate litigation come form one and the same family having a common ancestor. They are Meena by caste and agriculturists by profession. Though living separately and cultivating their partitioned land also separately they had some dispute between them over area of some fields and that is why bad blood appears to have taken over their good and common blood. It is in this backdrop that the incident as alleged by the prosecution, occurred on October 17, 1993 at about 6.00 PM in the jungle of village Ram Bilas, Police Station Nahragarh where Smt. Samundra Bai W/o Bhagwan Singh (PW 6). the deceased, was cutting grass in the field. Bhagwan Singh himself was working in another field nearby. His brothers, the three appellants, their mother Smt. Phoolan Bai (co- accused since acquitted by the trial court) and appellant Sita Rams wife Smt. Parwati Bai (another co-accused since acquitted) were also working in other field nearby. It is alleged that Smt. Phoolan Bai and Smt. Parwati Bai reached the place where the deceased was cutting grass and forbade her from cutting grass at that place. The ladies on both sides picked up a quarrel. Smt. Phoolan Bai then left for the field where the present appellants were working. All the three appellants, with lathis and lodi (stick) in their hands, reached there. Mukut Bihari appellant gave a lathi (lori) blow on the head of the deceased causing her fall on the ground. Sita Ram and Prem Chand are also stated to have given one blow each with their lathies on the head of the deceased. Smt. Phoolan with her sickle and Smt. Parwati with Dhelas are also alleged to have caused injuries to the deceased. When Bhagwan Singh rushed to the place and tried to save his wife from the armed assault of the appellants, he too was beaten by them. The alarm raised by Bhagwan Singh attracted PW 1 Smt. Choti Bai, PW 3 Brij Mohan, PW 4 Urmila Bai, PW 5 Hari Singh, PW 9 Smt. Sugandhi Bai and P 2 Subriya. who are alleged to be working at their fields at that time, to the place of occurrence. The appellants and the lady accused, since acquitted, then retired. PW 8 Om Prakash and PW 12 Mangi Lal arranged for a bullock cart and took the deceased first to the village and therefrom to the police station. PW 7 Satya Narain and Bhagwan Singh accompanied the cart from the village. Though PW 8 Om Prakash shifted the injured Samundra Bai in a tractor to take her alive to the police station but the deceased gave up her struggle for life on the way. Bhagwan Singh lodged the FIR (Ex.P 5) at police station at 10.00 PM on 17.10.93 whereupon PW Kanhya Lal, the then Station House Officer at Police Station Nahragarh, registered Crime No. 62 of 1993 Under section 147, 148, 149, 307, 302 IPC against the present aDpellants and the two lady accused, Smt. Phoola Bai and Smt. Parwati Bai, since acquitted and commenced investigation.
(3.) Dr. Ajai Johri (PW 18), the then Medical Officer 1/C Govt. Dispensary, Nahargarh conducted the autopsy on the dead body of the deceased Smt. Samudra Bai at 9.00 AM on 18.10.93 and noted that she was a young lady with well built body and 28 years of age. At the time of the post mortem examination, she was noticed to have bled from both of her ears, nose and mouth. She was having a swelling with haematoma 10 cm x 10 cm on the frontal area of her skull, one lacerated would 3 cm x 1 cm bone deep on centre of her head 7 cm above the right ear, one bruise 8 cmx3 cm on right infra mammary area of chest, one incised wound 3 cmx2 cmx 1 cm, oblique, 5 cm. above the wrist, on volar aspect of left fore-arm and an abrasion 2 cm x 1 cm, superficial, on lateral aspect of left knee at the level of upper pole of patella. All the injuries were ante mortem in duration caused with blund weapon except the incised wound which was caused with some sharp edged weapon. On opening the dead body of the deceased fracture of frontal bone extending from mid suture line to the base of skull, both sides, with sub-dural haematoma 10 cm x 10 cm, was found present on right parital area, pressing over brain tissues. Dr. Johri opined that the head injury had led to sub-dural haematoma and fracture of the base of the skull of the deceased resulting in coma and death.;