ABHAY CHATURVEDI,J. - (1.) The appellants herein have been convicted and sentenced as below by the learned Additional District and Sessions Judge No.4, Udaipur vide judgment dated 29.05.2015 passed in Sessions Case No.44/2014:- Name of the accused appellant Offence for which convicted Sentences awarded 1. Bablu @ Gopal @ Vijay Kharol 2. Kishan 3. Roop Lal @ Rupesh Bharti Section 447 IPC Three months' simple imprisonment alongwith a fine of Rs.500/- and in default of payment of fine, further to undergo 15 days' simple imprisonment Section 302/34 IPC Life imprisonment alongwith a fine of Rs.10,000/- and in default of payment of fine, further to undergo six months' rigorous imprisonment Section 4/25 Arms Act Two years' simple imprisonment alongwith a fine of Rs.1000/- and in default of payment of fine, further to undergo one month'ssimple imprisonment Being aggrieved of their conviction and sentences, the appellants have preferred these two appeals under Section 374 (2) Cr.P.C.
(2.) Brief facts relevant and essential for the disposal of the appeal are noted hereinbelow. Prakashnath (P.W.1) submitted a written report (Ex.P/1) to the SHO, Police Station Amba Mata, at the MBGH, Udaipur on 09.05.2008 at 01.30 p.m alleging inter alia that on the same day at about 11.30 a.m., his younger brother Khoobinath, resident of Madar, had gone to the hotel of Bhagwati Lal situated at the Thoor Bus Stand. The informant as well as Karannath followed him on a motorcycle and reached the hotel. At that time, Omprakash son of Shobha Lal Bhoi, resident of 35, Kahar Bhoiwada and Ghanshyam son of Mohan Lal, resident of 36 Kahar Bhoiwada, were also standing nearby. In the presence of all these people, three persons, namely, Babloo @ Gopal, Roop Lal Bharti and Kishan Khatik, came there on a motorcycle. These three persons were having old enmity with Khoobinath and were also indulged in demanding subscription money from him. They launched an assault upon Khoobinath by knives, which each of them was carrying. Firstly, Babloo aimed a blow at the abdomen of Khoobinath, who bent down and swayed, owing to which, the blow landed on the back of his left thigh. Kishan Khatik aimed a second blow at the head of his brother, who raised his right hand, due to which, the blow landed on his right thumb. Roop Lal also tried to inflict a knife blow on the chest of Khoobinath, who put his right hand up and avoided the blow, which landed on his little finger. Khoobinath fell down injured. The informant and his companions rushed towards him, upon which the assailants ran away. His brother was being taken to the hospital, but he passed away en route.
(3.) On the basis of the report aforesaid, a formal FIR No.213/2008 (Ex.P/42) was registered at the Police Station Amba Mata for the offence under Section 302 read with Section 34 IPC. Investigation was taken up by Bhagwat Singh (P.W.9), SHO, Police Station Amba Mata, District Udaipur, who undertook the requisite steps of investigation viz., preparation of site inspection plan, Panchnama Lash, seizure memo of the blood etc. from the spot and got conducted photography of the place of incident. The trousers and shoes of the deceased lying at the place of incident were also seized. The dead body of Khoobinath was got subjected to postmortem at the MBGH, Udaipur at the hands of the medical jurist Dr.Anupam Johari (P.W.3), who issued the postmortem report (Ex.P/11), as per which, the following injuries were noticed on the body of Khoobinath : 1. Incised wound on the right thumb admeasuring 2 c.m. X 0.5 c.m. bone deep with fresh clotted blood. The bone of the thumb was fractured; 2. Incised wound on the little finger ad measuring 1.5 c.m.X 0.5 c.m.; 3. Lacerated wound at the back side of the left knee measuring 2 c.m. X 0.5 c.m. muscle deep with fresh clotted blood; 4. Incised wound posterior to the left thigh in the middle at about 19 c.m. above the knee and 60 c.m. below the back. Dimension of the wound was 4 c.m. X 2 c.m. X 10 c.m. deep and was placed horizontally. An area of 10 c.m.X 10 c.m. was damaged underneath the wound. The femoral artery, which was 2 c.m. thick was severed because of the injury. The injuries No.1, and 4 were opined to be grievous in nature. The injury No.4 was opined to be sufficient in the ordinary course of nature to cause death. The injuries No.1, 2 and 4 were opined as having been caused by sharp weapons. The accused were arrested. They allegedly provided informations to the Investigating Officer under Section 27 of the Indian Evidence Act, in furtherance whereof, the knives used in the assault were recovered. Upon concluding the investigation, the Investigating officer, proceeded to file a charge sheet against the accused-appellants for the offences under Section 324, 447, 302/34 IPC and 4/25 of the Arms Act. ;