S.S.BYAS, J. - (1.) THE appeal is directed against the judgment of the learned Sessions Judge, Ajmer dated August 19, 1985 convicting the nine appellants viz. (1) Bhanwar Lal, (2) Poosa, (3) Rang Lal, (4) Rameshwar, (5) Ridh Karan, (6) Mohan, (7) Dev Karan, (8) Nanda and (9) Hagama under Sections 302/149 and 147 IPC and sentencing each of them to imprisonment for life with a tine of Rs. 1,000/ -, on the first count and one year's rigorous imprisonment under the second count.
(2.) SUCCINCTLY stated, the prosecution case is as follows: The appellant except Hagama are residents of village Moojhuolav, Police Station Kishangarh District Ajmer. The deceased victim Har Chand was the brother of PW 2 Har Karan and father of PW 3 Sheodan. They are also residents of the same village. Relations between the members of the accused party and the members of the complainant party headed by the deceased Har Chand, had sunk low deep. Two or three days before 25 -8 -1984 an incident of 'Marpeet' took place between the parties and a police case was registered against some members of the appellants party. Appellant Bhanwar Lal and his companions were arrested in that case on 22 -8 -1984. One Chhagan Lal belonged to the party of the appellants. At about 8 00 A.M. on 25 -8 -1984, the deceased Har Chand fired a shot at Chhagan Lal and injured him thereby. A report of this incident was lodged at about 10 00 A.M. on the same day at Police Station Kishangarh and a case Under Section 307, IPC was registered. At about 8.00 A.M. on the same day that is 25 -8 -1984, PW 2 Har Karan and PW 3 Sheodan went toward the village tank to case themselves. They saw Har Chand coming from the village side and running towards the tank. The nine appellants were running closely behind him. They were all armed with Lathies The foot of Har Chand slipped near the well of Man Singh, and he fell down. The appellants overtook him and started landing blows to him with their lathies PW 2 Har Karan and PW 3 Sheodan got frightened and hid themselves behind the bushes. They saw that the appellants continued to strike blows to Har Chand till he was dead. Har Chand bad a gun and a bag of cartridges with him. Appellant Rameshwar took up that gun and the bag of cartridges. When the appellants found Har Chand dead. they retreated and went towards the village. Appellant Rameshwar took away the gun and the bag of cartridges with him When the accused went away, PW 2 Har Karen and PW 3 Sheodan went to Har Chand. PW 5 Ghisa, Vishra, Raghunath and Bhawani Singh also came there. They all found Har Chand dead. PW 2 Har Karan went to the house of Bhawani Singh where he found his son Tejmal. Tejmal took down report Ex. P. 17 as dictated to him by PW 2 Har Karan. PW 10 Dayal Singh, Station House Officer, Police Station Kishangarh came to village Moojhuolay at about 4.00 P.M. on that very day in connection with the investigation of the criminal case registered Under Section 307 IPC in connection with the gun fired at Chhagan Lal by Har Chand. Written report Ex. P -17 was presented to him A case was thereon registered and the investigation ensued. The Investigating Officer Dayal Singh visited the site and prepare the site plan Ex P -2. He also prepared the inquest report of the victim's dead body. The post mortem examination of the victim' dead body was conducted next day on 26 -8 -1984 at about 9.00 A.M. by PW 6 Dr. P.C. Agarwal the then Medical Officer Incharge, Government Hospital, Kishangarh. The Doctor noticed the following ante -mortem injuries over the victim's dead body: External - 1. Puncture wound 3 c.m.s. x 2.5 c.m.s. x bone deep on the left mandibular region, middle part, with injuries and vessels bones etc; 2. Incised wound 2 c.m.s. x 1 c.m. x bone -deep on right fore arm middle part, posterior aspect with fracture of radio ulna; 3. Lacerated wound, 4 c.m.s. x 1 c.m. x bone -deep on right leg, middle part, front aspect, with fracture of tibia fibula; 4. Swelling on left thigh, lower 1/3rd with fracture of femur; 5. Lacerated wound 3 c.m.s. x 1 c.m. x 1 c.m. on left leg, front aspect; 6. Femur 15 c.m.s. x 2 c.m.s. on left side of chest and abdomen, front oblique in direction with fracture of 5 -6 riles in the middle; 7. Swelling on the left fore -arm, lower 1/3rd with fracture of radio ulna; 8. Lacerated wound 7 c.m.s. x 1 c.m. x 1 c.m. on the middle of scalp in middle oblique in direction; 9. Fracture and dislocation of left shoulder. Internal - 1. Fracture of five ribs in the middle on the left side of chest; 2. Fracture of the mandible; 3. Fractures of left shoulder; 4. Fracture of radius and ulna; 5. Fractures tibia, fibula and femur.
(3.) THE Doctor was of the opinion that the cause of the victim's death was shock and haemorrhage due to extensive injuries inflicted on the body. He was also of the opinion that the injuries taken together were cumulatively sufficient in the ordinary course of nature to cause death. The post mortem examination report issued by him in Ex. P -21. Injuries No. 2 and 2 were said to have been caused by some sharp edged weapon and the rest by blunt objects like lathi. The appellants were rounded up In consequence of the information furnished by accused Rameshwar, the gun and the cartridges belonging to the deceased victim and taken away by him were recovered, On the completion of the investigation, the police submitted a crime report against all the nine appellants in the court of the Additional Munsif and Judicial Magistrate, Kishangarh who in his turn committed the case for trial to the court of Sessions. The learned Sessions Judge framed charges Under Section 147 and 302/149 against the appellants to which they pleaded not guilty and faced the trial. The appellants denied their complicity in the commission of the crime and claimed absolute innocence. In support of its case, the prosecution examined 10 witnesses and filed some documents. In defence, the accused adduced no evidence. On the conclusion of trial, the learned Sessions Judge found the charge duly established against all the nine appellants. They were consequently convicted and sentenced as mentioned at the very outset. Aggrieved their conviction, the accused have come up in appeal.;