R. S. VERMA, J. - (1.) IN all nine persons were put up for trial before learned Addl. Sessions Judge No. 1, Hanumangarh, with regard to an incident that took place on 2. 7. 82 at 8 30 p. m. in village Chak Dhola near the street of one Mal Singh. IN this incident, Bakshish Singh alias Mithu Singh by caste Jat Sikh and resident of Chak Dhola was done to death along with his wife Smt. Jeet Kaur. Besides this, their daughter PW 1 Jeetu (also called Jeet Kaur) was also assaulted with the result that she sustained a number of injuries. Learned trial Judge, after due trial acquitted accused Sadhu Singh and Gurdayal Singh, since he was not satisfied about their participation in the occurrence. He, however, by his judgment and order dated 3. 9. 83/5. 9. 83 convicted Madan Singh, Darshan Singh Mithu Singh, Major Singh, Aatma Singh, Balwant Singh and Ukar Singh for offences under sections 148 302 read with 149 and 307 read with 149 I. P. C. On the first count, he sentenced each one of them to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- and in default, to undergo further rigorous imprisonment for six months. On the second count, each one of them was sentenced to undergo life imprisonment and to pay a fine of Rs. 3000/- each and in default to undergo rigorous imprisonment for three years, each. On the last count, each one of them was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/- and in default to undergo one year's rigorous imprisonment each. All the substantive sentences were ordered to run concurrently. Aggrieved, Madan Singh, Darshan Singh, Mithu Singh. Major Singh and Aatam Singh have filed D. B. Criminal Appeal No. 345/83 while Kulwant Singh and Ukar Singh have filed D. B. Criminal Appeal No. 346/83. It may here be stated that the State has not preferred any appeal against the acquittal of Sadhu Singh and Gurdayal Singh. Since both the appeals arise out of the same judgment, they have been heard together and are being disposed of by a common judgment.
(2.) IN a nutshell, the prosecution story is that deceased Bakshish Singh had some previous litigation with accused Kulwant Singh with the result that there was bad blood between the parties. Kulwant Singh had formed a gang along with other accused persons. On the fateful evening, Bakshish Singh had gone to the Mohalla of 'harijans' for engaging labour. At about 8-8-30 p. m. cries of deceased Bakshish Singh were heard from near the house of one Mal Singh. At that time, Bakshish Singh's son Baljeet Singh (PW 2) was taking bath in the house of the deceased. The wife of the deceased Basant Kaur and daughter of the deceased Jeeto (PW 1) were also at the house. When Smt. Basant Kaur and Jeeto (PW1) heard the cries of Bakshish Singh they rushed out of the house and saw the seven accused persons Madan Singh, Mithusingh, Darshan Singh, Major Singh, Balwant Singh assaulting Bakshish Singh- Mithu Singh was armed with a kripan while all others were armed with gandasas. Near the house of accused Sadhu Singh, Sadhu Singh and Gurdayal Singh were also standing. Sadhu Singh carried a gun while Gurdayal Singh carried a gandasa. They were exhorting the aforesaid seven accused persons to kill Bakshish Singh. Basant Kaur and Jeeto (PW 1) rushed to the rescue of Bakshish; on which accused Major Singh dealt a gandasa blow on the head of Smt. Basant Kaur. Aatma Singh dealt a gandasa blow on the head of Jeeto (PW 1 ). Having been thus assaulted, Smt. Basant Kaur and Jeeto (PW 1) fell down and Ukar Singh and Balwant Singh started belabouring Jeeto (PW 1) while the other accused persons, who were already assaulting Bakshish Singh, started assaulting Smt. Basant Kaur and Bakshish Singh. While this assault was going on, Baljeet Singh (PW 2) also reached the scene of occurrence and proceeded to the rescue of the victims. On this, Gur-dayal Singh and Sadhu Singh gave a 'lalkara' that if he went ahead, he would be killed. Baljeet Singh, not detered by this threat proceeded ahead, on which Sadhu Singh fired his gun at Baljeet Singh (PW 2 ). Baljeet Singh (doucked) and escaped the gun shot and started running for his life. On this, Sadhu Singh and Gurdayal Singh gave a further 'lalkara' that Baljeet Singh may be caught and may be killed. On this, rest of the seven accused persons rushed after Baljeet Singh to a distance of about 15 paondas (60' approximately ). However, Baljeet Singh could not be Caught and he rushed to the house of one Mithu Singh alias Sukhdeo Singh (PW 3) and informed him of the incident. Thereafter, he went to the house of one Kaka Singh and informed him also of the incident. Upon such information, Kaka Singh and Sukhdeo Singh (PW 3) accompanied Baljeet Singh to the scene of occurrence. Baljeet Singh and his companions were giving 'lalkaras' as they were proceeding towards the scene of occurrence presumably with a view to scare away the assailants. On this, the accused persons made good their escape, Accused Mithu Singh left his kripan and accused Major Singh left his gandasa at the spot. On reaching the spot, Baljeet Singh and his companions saw Bakshish Singh and Smt. Basant Kaur lying dead at the spot? Both of them were bleeding. Jeeto (PW 1) was also lying at the spot but she was alive and on being accested, she humbled something. Baljeet Singh requested aforesaid Kaka Singh to take Jeeto (PW 1) to his 'medi'. The mother of Kaka Singh reached the scene of occurrence in the meanwhile. Thereafter Sukhdeo Singh and Kaka Singh's mother took Jeeto (PW 1) to their house. Kaka Singh went to arrange for some transport and brought a jeep and he along with Sukhdeo Singh's mother took her to Sadul Shahar hospital. There, she was examined by Dr. Shrinath (PW 3), who found the following injuries on her person vide Ex. P23:- "1. INcised wound obliquely placed l 1/4"x 1/2 " X bone deep on left fronto parietal region (most of the parietal region ). 2. INcised wound longitudinally placed 2 1/2" X 1/4" X bone deep on left parietal region about 4 1/2" above the lip of pinna. 3. Contusion with diffused swelling 1 1/2" X 1 1/2"on dorsum of right hand on thumb side. 4. Contusion 2" X 3/4" in front of right knee joint. 5. Contusion 4" X 1/2" right infra scapular to mid auxiliary and lower 1/3rd of chestin front. 6. Contusion 2" X 1/2" back of right shoulder. 7. Contusion 2" X 1/2" back of middle and upper 1/3rd of left forearm. 8. INcised wound 1/2" X 1/6" X 1/6" upper part of pinna right ear. 9. Contusion 2" X 1-1/2" back of left shoulder. " It may be recalled that later on Jeet Kaur was x-rayed by Dr. Kailash Mark-anday (PW 4) to confirm the nature of her injuries and injury no. 5 was found to be grievous inasmuch as she had sustained fractures of 9th & 10th ribs. Rest of her injuries were simple. INjuries 1, 2 and 8 were caused by sharp object while rest of the injuries had been caused by blunt objects. In the meanwhile, Sukhdeo Singh and Baljeet Singh together proceeded to police station, Sadul Shahar at a distance of 7 miles from Chak Dhola to lodge the report of the incident. Baijeet Singh lodged an F. I. R. on the night of 3. 7. 82 at 1 a. m. with PW9 Jagar Singh at police station, Sadul Shahar. On this, Shri Jagar Singh went to the spot in the morning and prepared site plan Ex. P 2 and its legend Ex. P 2a. He found that the dead bodies of Bakshish Singh and Smt. Basant Kaur were lying at the spot. He prepared panchayat- namas cum memos of description of dead bodies Exs. P15 and P16. A 'chunni' of deceased Smt. Basant Kaur was lying at the spot, which was recovered by Jagar Singh vide Ex. P3. Jagar Singh also recovered a torn diary with currency notes of Rs. 62/- from the spot vide Ex. P4. He recovered a ring and a comb and a pair of blood stained shoes also from the spot and seizure memos were prepared in respect of those seizures. He also recovered a yellow turban from the scene of occurrence vide Ex. P9 and a gandasa vide Ex. P10. He recovered another turban (of blue colour) from the spot and another pair of shoe as well vide Ex. P 11 and Ex. P12. He also recovered a sword from the scene of occurrence vide Ex. P13. Likewise, he recovered a towel vide Ex. P14. He also recovered a lathi broken into three pieces and stained with blood vide Ex. P30. He recovered blood stained and Central sell from near the dead bodies. All the articles seized by him, were duly sealed. He arranged for post-mortem examination of the two deceased persons. Dr. Shrinath (PW 5) conducted the post-mortem examination on the dead body of deceased Mithu Singh alias Bakshish Singh on 3. 7. 82 at 10. 30 a. m. at the cremation ground of Chak Dhola. The dead body was identified by his son Baljeet Singh. Rigor morties was present in both the extremities and the dead body was in an early stage of decomposition. He found the following external injuries on his person: "1. Incised wound of 8" x 1" x cranial cavity running from the outer angle of right eye, running across the temporal region to occipital region. Underlying temporal mastoid. Parietal and occipital and frontal bone fractured in pieces. Brain alongwith meninges severally cut and divided in pieces. Grievous by sharp weapon. 2. Incised wound of 2" x 1" x cranial cavity lying on right parietal region near mid line underlying bone fractured brain alongwith meninges cut. Grievous by sharp weapon. 3. Incised wound of 5" x 1 1/2" x 1 1/2" running from tragus of right ear and behind the ear to back of right cervical region. Tragus is cut underlying muscles and blood vessels deeply cut. Mastoid bone fractured. 4. Contusion 1" x \" present on upper eyelid of right thigh simple blunt. 5. Contusion of 3/4" x 2"x present on upper eyelid of left eye simple by blunt. 6. Contusion 1" x 3/4" present in the middle on the middle and right side of mendibula region. Lower jaw fractured Canines inciser teeth central and lateral on right side loosened and about to fall. Blood clots present. Grievous by blunt weapon. 7. Incised wound of 1" x 1/4" x 1/4" present in front of upper l/'3rd of right cervical region simple by sharp weapon. 8. Incised wound of 1" x 1/4" x 1/4" present in front of upper l/3rd of right leg simple by sharp. 9. Bruise 2" x J" infront of upper l/3rd of right thigh simple by blunt. 10. Incised wound 3" x J" x J" present in lower l/3rd of right chest in back simple by sharp. 11. Bruise of 4" x 1/2" running longitudinally near mid line in the back of right thorasic region simple and blunt. 12. Contusion 2" x \" in the back of upper l/3rd of right arm. Simple by blunt weapon. 13. Contusion 2" x 1/2" present in the back of right shoulder simple by blunt. 14. Stab wound of 1/2" x 1/4" x l-1/4" in the back of right parietal fossa. Simpie by sharp weapon. 15. Stab wound of 1/2" x 1/4" x 1' in right gluteal fossa simple by sharp weapon. ' All the injuries were anti mortem in nature. The cause of death in the opinion of the Dr. Shrinath was severe injury to brain. In his opinion, the injuries had been caused within 24 hours of the post-mortem examination and each one of the injuries no. 1, 2 and 3 was sufficient in the ordinary course of nature to cause death. Dr. (Shrinath prepared post-mortem report Ex. P 25 in this regard. Dr. Shrinath (PW 5) conducted the post mortem examination of Smt. Basant Kaur the same day at 11. 30 a. m. at the same cremation ground. This dead body was also identified by PW 2 Baljeet Singh. Rigor morties was present on both the upper and lower extremities. Both the eyes were closed and pupils were dilated. Following external injuries were found on her person:- "1. Incised wound 3" x 1/2" x deep to cranial cavity lying on left pari-eto-occipital region. Left parietal and occipital bone fractured and brain alongwith meninges severally cut. Grievous by sharp weapon. 2. Incised wound 3-1/2' x -1/2" deep to cranial cavity lying on left parietal region near midline. Underlying bone fractured and brain alongwith meninges cut. Grievous by sharp. 3. Incised wound of 4-1/2" x J" x 1" lying and running from middle l/3rf of left cervical region in front to back and then to right cervical back underlying muscles and blood vessels severally cut. Underlying third cervical vertebra fractured grievous by sharp weapon. 4. Incised wound of 2" x 1/2" x 1" lying transversely in lower part of thoracic region in mid line. Some part of it lying on right & some part on left side. Underlying 8th thorasic vertebra. Severally cut. Muscles, blood Vessels and other tissues severally cut grievously by sharp weapon. 5. Incised wound of 1-1/4" x 1/4" x 1/4" present in the back of upper l/3rd of left arm simple by sharp weapon. 6. Contusion 4" x 1/2" present on right scapular region. Simple by blunt weapon. 7. Contusion 4" x 1/2" back of left shoulder simple, blunt weapon. 8. Abrasion 1" x -1/2" in front of upper l/3rd of right leg, simple blunt. 9. Abrasion 3/4" x 1/2" in front of middle l/3rd of left leg, simple injury by blunt. 10. Abrasion 3/4" x -1/2" in front of upper l/3rd of left leg, simple by blunt weapon. " All the injuries were anti-mortem and in the opinion of Dr. Shrinath, she had died due to severe brain injury and fracture of 3rd cervical and 8th thorasic vertebra. The death had been caused within 24 hours of the post-mortem examination. Each one of injuries no. 1 to 4 was sufficient in the ordinary course of nature to cause death and according to him, she must have died soon after the assault. He prepared post-mortem report Ex. P/24 in this regard. After the post-mortem examinations, the Investigating Officer recovered the wearing apparel of two deceased persons Bakshish Singh & Smt. Basant Kaur vide Ex. P 19 & Ex. P. 20 respectively. He also recovered golden ring from the dead body of Smt. Basant Kaur vide Ex. P/31. The Investigating Officer claims to have recorded the statements of Smt. Jeet Kaur, Baljeet Singh and Sukhdeo Singh during the course of investigation. It appears that the investigation was thereafter handed over to Abdul Aziz PW-10. On 8. 7. 82 Abdul Aziz arrested Kalwant Singh, Gurdayal Singh, Aatma Singh, Major Singh, Mithu Singh, Darshan Singh, Madan Singh, Sadhu Singh & Ukar Singh vide Ex. P/32 to Ex. P40 respectively. The same day, he recovered the wearing apparel of Mst. Jeet Kaur vide Ex. P21.
(3.) ON 11. 7. 82. accused Aatma Singh volunteered information in respect of a gandasa to Abdul Aziz. This information was recorded in memo Ex. P41 and in pursuance of this information, a gandasa is said to have been recovered at the instance and from the possession of the accused Aatma Singh vide Ex. P42. The same day i. e. on 11. 7. 82, Abdul Aziz obtained a sample of the hair from the head of accused Major Singh vide Ex. P/43. It is alleged that accused Major Singh that very day volunteered information to Abdul Aziz in respect of a gandasa and a shirt, which was recorded as Ex. P/44. In pursuance of the aforesaid information a blood stained shirt was recovered at the instance and possession of the accused Major Singh. ON 11. 7. 82 itself Abdul Aziz recorded information of accused Sadhu Singh in respect of a gun. In pursuance of such information, a 12 bore gun was recovered at the instance and from the possession of the accused Major Singh vide Ex. P/47. The various articles recovered by the Investigating Officers were sent to the State Forensic Laboratory, Jaipur, from where report Ex. P/46 was received. It appears that the articles were, however, not sent to Serologist. Upon such investigation, all the accused persons including the two accused, who have been acquitted by the learned Addl. Sessions Judge, were challaned to the court of Judl. Magistrate No. 1, Hanumangarh. who, eventually committed them to stand trial for offences under section 302, and in the alternative 302 read with 149 & 307 and in the alternative, 307 read with 149 & 148 IPC. The learned Addl. Sessions Judge framed due charges against all the accused persons. The accused persons pleaded not guilty and claimed trial. At the trial, the prosecution examined as many as 11 witnesses. The accused persons maintained their denial and pleaded that they had been falsely implicated. However, the plea of the accused Major Singh is that on the fateful day, his two brothers were to be married and the next morning, the marriage procession had to leave. This accused had lost earlier Rs. 20/- to deceased Bakshish Singh while gambling. That day, Bakshish Singh came to demand Rs. 20/- from him. He was carrying a kripan. On being asked to pay the amount, this accused told Bakshish Singh that he would pay the money later. On this Bakshish Singh started abusing him and in reply, this accused also called him names. On this, deceased Bakshish Singh dealt a kripan blow on the left leg of this accused with the result that this accused fell down. In the mean while, the persons who had assembled in connection with the marriage of his brothers came to the spot. In the meanwhile, the wife of Bakshish Singh also came to the spot armed with a lathi. Upon this, the persons who had assembled there, gave beating (to deceased persons) but he did not know which of them had caused beating. He himself had become unconscious and he had been removed from the scene of occurrence. According to him, Kaka Singh, Teja Singh, Mazalis and Pala Singh Kumhar had also assembled at the spot. However, it appears that co-defence was led by the accused persons. ;