N.C.KOCHAR,J. - (1.) NARENDRA Singh, Girraj, Nanva and Ram Murti (the appellants) were prosecuted in case FIR No. 120 dated 13 -11 -1976 of the Police Station, Roopwas, District Bharatpur and were tried by Shri Dharam Chand Additional Sessions Judge, Bharatpur, who vide judgment dated 31st August, 1981 convicted appellants Narendra Singh, Nanva and Ram Murti Under Sections 452, 323 and 342, IPC and sentenced each of them to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 250/ - on each count. The fourth appellant Girraj was convicted Under Sections 452, 342 and 325, IPC and was sentenced to undergo rigorous imprisonment for a period of six months on first two counts and for a period of one year Under Section 325, IPC, besides paying a sum of Rs. 250/ - as fine on each count. The prosecution story was as under;
(2.) APPELLANT Narendra owed some money to PW 2 Maniram. At the instance of appellant Narendra, Maniram had also advanced some amount to appellant Girraj. Maniram and Narendra had their Khaliyans side by side and on 11 -11 -1976, they were working in their Khaliyans. Maniram told Narendra that his ground -nut crop was ready and he should arrange to pay the amount due from him and should also see that Girraj also paid back to Maniram the amount taken by him He suggested that Narendra should give him the ground -nut in exchange of the amount due from him and from appellant Girraj and thereupon was exchange of hot words between the two, Narendra threatened to see Maniram and on the evening of 12 -11 -1976, he brought some of his relations to his house. Next morning when Maniram was leaving for his field, he was invited to the Khaliyan of Narendra to smoke Biri. Maniram went to Narendra's Khaliyan and before he could lit the Biri, Lathi blow was struck on his head by Nanva and, thereafter, the other three appellants besides Darav Singh and Omwati, the father and wife respectively of appellant Narendra Singh started giving beatings to Maniram with the weapons with them They pulled Maniram by legs and tied his hands with the help of a rope. On hearing the alarm raised by Maniram, his brother Ramkhilari, his wife Lachho and many other residents of the village got attracted to the scene of occurrence. On seeing Lachho, the appellants and their above said two companions left Maniram and moved towards Lachho with a view to give beatings to her and as such Maniram ran away and entered his own house. The appellants and their two companions followed Maniram in his house and after giving beatings to him there brought him to the house of Narendra. In the house of Narendra, Maniram was given further beatings and was tied down with the help of a rope and was kept confined, till PW 5 Patram and some villagers came there and rescued him. Maniram was removed to Roopwas Hospital, where he was examined by the Dr. Hariprasad Gupta (PW 8), who found following injuries on his person: (1) Lacerated wound 1' x 1/4' x 1/4' on the right side of head 3' above the right ear and obliquely extended; (2) Lacerated wound 1' x 1/4' x 1/4' on the loft side of head 2 -1/2' above the left ear and obliquely extended; (3) Abrasion 1' x 1/2' on the right side upper lip just near the nose; (4) Bruise with swelling with tenderness 3' x 3' size of the bruise and swelling of the right side face extending, from lower borders of the right mendible to the right temporal region and from nose to right, ear on the right side face, bruise extending obliquely; (5) Lacerated wound with swelling 1/2' x 1/2' and swelling of the upper lip right side on the inner side of the upper lip; (6) Lacerated wound 1/2' x 1/2' on the inner side of the right check at the level of 1st molar tooth; (7) Bruise 3' x 1' left side face extending from angle of the mouth towards the left temporal region; (8) Bruise 6' x 1' on the left scapular region and obliquely extended; (9) Bruise 6' x 1' on the left side back 3' below the injury No. 8 and obliquely extended; (10) Bruise 3 -1/2' x 1' on the left side back 2' below the injury No. 9 and obliquely extended; (11) Bruise 5' x 1' on the left side back 2' below the injury No. 10 and obliquely extended; (12) Bruise 6' x 1' on the right side scapular region and obliquely extended: (13) Bruise 5' x 1' on the right side back and obliquely extended; (14) Bruise 2' x 1' on the right side chest at the level of 2nd intercostal region; (15) Bruise 3' x 1/2' on the left side chest 1' above the left nipple; (16) Bruise with swelling tenderness 3' x 1' on the left fore -arm posterior aspect centrally and Obliquely extended. Swelling extending from elbow joint to wrist joint; (17) Abrasion 1' x 1/4' on the left index finger posterior aspect; (18) Abrasion 1' x 1/4' on the right arm central and front aspect; (19) Abrasion 1/2' x 4/2' on the right elbow joint; (20) Abrasion 1 -1/2' x 1 -1/2' an the tight fore -arm posterior and central aspect; (21) Abrasion 1/2' x 1/2' on the posterior aspect of right band; (22) Bruise 3' x 1' on the left hip and oblique extended; (23) Abrasion 2' x 1' on the left hip joint; (24) Bruise 3' x 1' on the left thigh under and posterior aspect and obliquely extended; (25) Bruise 3' x 2' on the right hip and obliquely extended; (26) Abrasion 1/2' x 1/2' right leg lower and front aspect; (27) Swelling with tenderness, Swelling extending from left toward left lateral melloollus to the knee joint.' Dr. Gupta got injury No. 27 X -rayed and found a fracture of left fibula bone. He opined that all the injuries had been caused by blunt weapon and except injury No. 27, which was grievous in nature, the injuries were simple. After getting Maniram admitted in the Hospital, his brother Ramkhilari went to Police Station, Roopwas and lodged report Ex.P/1, on the basis of which formal FIR (Ex.P/5) was recorded at about 7.30 p.m. on 13 -11 -1976. The case was investigated by PW 9 Shri Nihal Singh, who after completing the investigation, filed the challan against the appellants and against Darv Singh and Omwati, before the learned Judicial Magistrate who committed the case to the Court of Sessions, where charges Under Sections 147, 452, 342 and 307 read with Section 149, IPC were framed against all of them. In support of its evidence, the prosecution examined Ramkhilari, Maniram, Smt. Lachho, Ram Singh, Patram, Dr. Man Singh, Nawab, Dr. Hariprasad Gupta and the I.O. as PW 1 to PW 9 respectively. When examined Under Section 313, Cr, PC, all the six accused -persons denied the allegations against them and stated that they had been falsely implicated Omwati and Maniram stated that on the morning of 13 -11 -1976 at about 4 a.m. Omwati was sleeping in side the room of her house and her husband Narendra was sleeping in the Verndah outside it and at that time, Maniram entered the room of Omwati and tried to commit rape on her person and when she raised alarm. Narendra came there and Narendra and Maniram grappled, with the result that both of them received injuries. Dr. Hariprasad Gupta and Head Constable Pothi Prasad were examined as DW 1 and DW 2 respectively. After hearing the learned Counsel for the parties, vide the impugned Judgment, the learned trial court acquitted Darav Singh and Omwati and convicted and sentenced the appellants as noted above. Feeling aggrieved, the appellants have come up in appeal.
(3.) I have heard the learned Counsel for the parties and have perused the record of the learned trial court.;