R. S. VERMA, J. - (1.) APPELLANTS Swaran Singh, Baldeo Singh, Banta Singh, Ajmer Singh alias Jasmer Singh, Harnam Singh, and Mal Singh, were put up for trial before learned Addl. Sessions Judge No. 1, Hanumangarh,for committing riot and committing murder of Chhinda Singh in prosecution of the common object of an unlawful assembly of which they were said to be members and further for voluntarily causing simple hurt to Smt. Veero by a sharp edged weapon in prosecution of the common object of the said assembly. Baldeo Singh was individually prosecuted for causing the said injuries to Smt. Veero. it is alleged that Ajmer Singh was armed with a lathi while Swaran Singh and Mal Singh were armed with barchhis. Baldeo Singh, Banta Singh and Harnam Singh are said to have been armed with gandasas. Learned Addl. Sessions Judge by his judgment dated 29. 1. 82 found Ajmer Singh guilty of an offence u/s 147 I. P. C. and sentenced him to undergo rigorous imprisonment for two years on the said, charge; he found rest of the appellants guilty of an offence u/s 148 I. P. C. and sentenced each one of them to undergo rigorous imprisonment for three years, on that score. Appellant Baldeo Singh was found guilty of an offence u/s 324 I. P. C. while rest of the appellants were found guilty of offence u/s 324 read with 149 I. P. C. and each one of them were sentenced to undergo rigorous imprisonment for three years on this count. All the appellants were found guilty of offence u/s 302 read with 149 I. P. C. and each one of them was sentenced to undergo imprisonment for life and to pay a fine of Rs. 200/- each and in default to undergo three months rigorous imprisonment. Out of fine recovered, a sum of Rs. 1000/- was directed to be paid to Smt. Veero as compensation. Aggrieved, the appellants have come to this Court in appeal.
(2.) BRIEFLY stated, the prosecution story is that on 5-5-81, Smt. Veero PW 4 along with her husband Chhinda Singh, since deceased and resident of 2 CGR, had gone to Talwada for making sundry purchases after borrowing a cycle from Aatma Singh, Sarpanch, Both of them returned from Talwada after making the purchases, which they carried in a gunny bag. They went to the house of Aatma Singh, and returned his bicycle. Thereafter Smt. Veero along with her husband Chhinda Singh were proceeding from the dhani of Aatma Singh towards their own dhani. When they reached the field of Aatma Singh at about |8. 30 p. m. , all of a sudden, all the accused appellants came therefrom the direction of their houses. As already stated, Mal Singh and Swaran Singh are said to have been carrying barchhis, Ajmer Singh is said to have been carrying a lathi, Harnam Singh, Banta Singh and Baldeo Singh are said to have been carrying gandasas. It is alleged that first of all Swaran Singh opened assault upon Chhinda Singh with the barchhi and hit him on his forehead. On this, Chhinda Singh threw away the gunny bag and rushed for safety. Smt. Veero raised an alarm on which appellant Baldeo Singh started assaulting her with the gandasi while the other appellants chased Chhinda Singh for a short distance and belaboured him. It is alleged that Swaran Singh gave another blow on the head of Chhinda Singh with a barchhi. Mal Singh gave barchhi blow to Chhinda Singh on his right hand. Harnam Singh gave a gandasi blow on the left hand of Chhinda Singh Baldeo Singh gave another gandasi blow on the head of Chhinda Singh. Banta Singh gave a gandasi blow on the back of Chhinda Singh. Ajmer Singh gave a lathi blow on his left hand. In the mean while, Miss Bholi PW 5 and Miss Goli PW 6, both daughters of Smt. Veero and Chhindasingh came to the spot and they saw their mother and father being belaboured as stated above. It is alleged that Baldeosiogh after giving some beating to Smt. Veero, also joined the other appellants in assaulting Chhinda Singh. Chhinda Singh fell dead and all the appellants except Mal Singh carried him to his house while Mal Singh kept standing on the path way. Thereafter, the appellants fled away. It is alleged that Smt. Veero along with one Pritarn Singh and Darshan Singh went to police station, Tibi, the same night on a tractor and lodged the report Ex. P. 10 with Shri Nahar Singh PW 7, who got the same recorded. Shri Nahar Singh, thereafter proceeded for the spot and carried out necessary investigation. He prepared a panchayatnama Ex. P5 and a fard surat hal Ex. P6 in respect of the dead body of Chhinda Singh. He also prepared a site plan Ex. P4 and its legand Ex. P. 4 A. He made certain recoveries from the spot vide Ex. P. 1 to Ex. P. 3. The post-mortem of deceased Chhinda Singh was carried out by Dr. Bhim Singh on the spot on 6-5-81 at 10 a. m. He found following injuries on the person of the deceased Chhinda Singh :- " (1) Incised wound 1-1/2" x 1/4" x brain deep on left parietal bony area. (2) Incised wound l-1/2" x 1/4" x brain deep on the frontal bony area. (3) Incised wound 1" x 1/4" x 1/4" on the forehead. (4) Incised wound 5-1/2" x 1/4" x 1/4" on left side-back. (5) Bruise 1"x 1/2" left side of back. (6) Bruise 3" x 1/2" left side of back. (7) Bruise 1" x \" left scapular region. (8) Incised wound 1/2" x 1/4" x. 1/4" lateral side of left fore arm. " On autopsy, he found that there was fracture of left parietal bone and frontal bone underneath injuries no. 1 and 2. He found that brain membrane was lacerated and brain was ruptured underneath injuries no. 1 and 2. According to Dr. Bhim Singh, the injuries on the deceased Chhinda Singh were ante-mortem in nature and the cause of death was haemorrhage and shock due to injuries to brain caused by sharp edged weapons. According to him, the death must have ensured instantaneously after receipt of infliction of injuries no. 1 and 2 noted above. In his opinion, injuries no. 1 and 2 found on the person of Chhinda Singh were individually as well as collectively sufficient in the ordinary course of nature to cause death. According to him, Chhinda Singh must have died within 24 hours of the post-mortem examination. Dr. Bhim Singh prepared in this regard postmortem report Ex. P7. Dr. Bhim Singh examined Smt. Veero the same day and found the following injuries on her person :- " (1) Incised wound 3" x 1/4" x 1/2" lateral side of left fore arm. (2) Incised wound 1/2" x 1/4" dorsal aspect of left thumb. (3) Incised wound 1" x 1/4" x 1/2" in between right index and middle finger. (4) Incised wound 1/2" x 1/4" x 1/4" on left scapular region. " According to him, all the injuries on the person of Smt. Veero were simple and had been caused by sharp edged weapon within 12 to 24 hours of the examination. Dr. Bhim Singh prepared an injury report Ex. P8 in this regard. After the postmortem examination was over, Shri-Nahar Singh recovered clothes of the deceased vide memo Ex. P11. Likewise, after the medical examination of Smt. Veero, he recovered her wearing apparel vide Ex. P12. During the course of investigation, he interrogated amongst others Miss Goli and Miss Bholi. The prosecution story is that accused appellants Harnam Singh, Banta Singh, Ajmer Singh and Baldeo Singh were arrested on 12. 5. 81 and with regard to such arrests, Ex. P. 13, Ex. P. 16, Pl9 and Ex. P22 were respectively prepared by Nahar Singh. It is alleged that on the basis of the information Ex. P14 supplied by Harnam Singh a gandasi was recovered on 14. 5. 81 vide Ex. P15. Likewise, on the basis of the information Ex. P. 17, supplied by Banta Singh, a gandasi was recovered on 14. 5. 81 vide Ex. P18. A lathi was similarly recovered at the instance of Ajmer Singh vide Ex. P21 on the basis of information memo Ex. P20. A gandasi was recovered from Baldeo Singh vide Ex. P24 and on the basis of information Ex. P23. It is alleged that Mal Singh was arrested on 15. 5. 81 and at the time of his arrest, he was carrying a barchhi, which was recovered vide Ex. P25. The prosecution story is that accused appellant Swaran Singh was arrested on 30. 5. 81 vide Ex. P26 and on the basis of the information memo Ex. P27, a saila was recovered from his possession vide Ex. P28.
(3.) IT may here be stated that the weapons recovered from the accused persons were not sent to the Forensic State Laboratory although the wearing apparel of the deceased and those of Smt. Veero were, inter alia, sent to State Forensic Laboratory, from where a report Ex. P30 was received. On the basis of the aforesaid investigation, the accused persons were challaned before learned Judl. Magistrate No. 2, Hanumangarh, who eventually committed the accused appellants to stand trial for offence under sections 302, 324, 147, 148 and 149 I. P. C. The learned Addl Sessions Judge framed due charges against all the appellants. The appellants pleaded not guilty and claimed trial. In support of its story, the prosecution examined seven witnesses, namely, PW 1 Aatma Singh, PW 2 Dr. Bhim Singh, PW 3 Saudagar Singh, PW 4 Smt. Veero, PW 5 Miss Bholi, PW 6 Miss Goli and PW 7 Nahar Singh. In their statements recorded u/s 313 Cr. P. C. the appellants maintained their denial of the prosecution story and pleaded that they had been falsely-impli-cated. Mal Singh pleaded alibi and stated that on the date of the incident, he was away at Berwala where he used to reside. Swaran Singh also pleaded alibi and pleaded that on the date of the occurrence, he was at Ludhiana. Swaran Singh examined in his defence DW 1 Jotthedar Baba Balkar Singh to say that Swaran Singh had joined his Society known as Panth Akali Dashmash Tarun Dal and was with him at Ludhiana on the date of the incident. The diary Ex. D4 reciting attendance of Swaran Singh at Ludhiana for the period 21. 4. 81 to 7. 5. 81 was also produced. ;