MATHUR, J. - (1.) THIS appeal is directed against the judgment dated 24. 04. 1992 passed by Additional Sessions Judge, Nohar, District Ganganagar convicting the appellants of offence under Section 302/149 I. P. C. and sentencing each of them to imprisonment for life and to pay a fine of Rs. 1000/-and in default of the payment to further undergo six months rigorous imprisonment. The appellants ha-ve also been convicted of offence under Section 148 I. P. C. and each of them have been sentenced to two years rigorous imprisonment. They have been further convicted of offence under Section 364/149 I. P. C. and each of them have been sentenced to five years rigorous imprisonment and to pay a fine of Rs. 500/-and in default of the payment to further undergo six months rigorous imprisonment.
(2.) AT the out set, it is pointed out by Shri M. L. Garg, learned counsel for the appellants that the first appellant Dei Ram has died. In view of this the appeal filed by the Dei Ram stands abated. The prosecution case in brief is that on 16. 9. 90 at about 12. 45 A. M. , P. W. 1 Guljari Lal lodged an oral First Information Report Ex. P1 at Police Station, Bhirani stating inter alia that his younger brother Bhura Ram (deceased) has gone to Adampur Mandi in the jeep. In the night at about 8. 00 while after taking food he was smoking `hooka', Rohtash P. W. 3 the son of his elder brother came and infor-med him that the jeep of his uncle Bhura Ram has been stopped by Dei Ram and his sons Krishna, Leelu Ram, Man Raj, wife of Krishna and Kashi Chamar. They are armed with lathies and Barchies and they have forcibly taken him into the house of Dei Ram. He also stated that they are beating him. He heard the voice of gun fire. He along with Ram Kumar, Ram Dayal Rohtash etc. reached near the house of Dei Ram. From inside the house, he heard the voice of Deiram, he was exhorting ". . . . Nksjks ns[k yks] nq'eu dgh cp uk tk,a. . . . " (boys see that the enemy does not escape ). Dei Ram was also saying that he should be finished. He threatened that if any body enters, he will be killed. He again fired. The informant further stated that he was carrying with him the licensed gun. He heard the cries of Bhura Ram coming from inside. They restored the confidence and some how entered in the house of Dei Ram and gave them alarm. Dei Ram etc. seeing them left the compound leaving Bhura Ram. Dei Ram and his all the sons climbed on the terrace and ran away. The Bhura Ram was smeared with blood. He was taken to the hospital in a tractor trolley, but he succumbed to the injuries near the canal. The informant also stated that there was an enmity between the parties on account of some land dealings. This was the reason that Dei Ram was unhappy with Bhura Ram. He also stated that the accused persons have taken the jeep in the compound of Dei Ram. It was further stated that along with Bhura Ram, Ram Kumar Khati was there, but he ran away out of fear. He also stated that Chatar Singh had also arrived at the spot. On this information, the police registered a case under Sections 302, 364, 147, 148, 149 I. P. C. and Section 27 of the Arms Act and proceeded with the investigation. P. W. 11 Atar Singh, S. H. O. , Police Station, Bhirani reach on the spot and commenced the investigation. The site plan was prepared. The body of Bhura Ram was sent for the post mortem. P. W. 8 Dr. Brij Mohan Choudhary conducted the auto-psy on the dead body of Bhura Ram. Post mortem report Ex. P 26 has been admitted by the defence. The post mortem report shows following injuries on the person of deceased Bhura Ram: 1. Incised wound 5" x 2 1/2" x bone deep tibia fibula cutted M. # of tibia & fibula. Rt. leg anteriorly middle portion-vertical grevious sharp. 2. Four bruises 5" x 1 1/2" each ant. side of Rt. thing TRA simple. 3. Incised wound 2 1/2" x 1/2" x bone deep M. # tibia fibula vertical Lt. leg anteriorly upper 1/3 portion grevious sharp. 4. Eight bruises 4" x 1 1/2" each intermingling each other anterior side of left thigh simple blunt. 5. Ten bruises 5 1/2" x 1 1/2" each ant. side of stomach & thorax simple blunt. 6. Bruise 4" x 2 1/2" Post. side of Ltd. wrist Fr. Radius & ulna lower end. Grevious blunt. 7. Both the middle & Ring finger dislocated at the Rest-Grevious-blunt. 8. Two incised wounds 1/2" x 1/4" x 1/8" each medial side of left thumb at the root & left index laterally Simple Blunt. 9. Three incised wounds 1" x 1/2" x 1 1/2" post. side of Lt. Arm Simple Sharp. 10. Bruise 7" x 4" post. side of Lt. Arm Simple Blunt. 11. Four Bruises 5" x 1 1/2" on the Back & Buttock Simple Blunt. 12. Incised wound 1" x 1/2" x 1'4" post. side of Rt. forearm lower end Simple Sharp. 13. Six Bruises 5" x 2" each Rt. deltoide & scapular region Simple Blunt. 14 Two incised wounds 3/4" x 1/4" x 1/4" each Rt. lateral side of nose and ear. Simple Blunt. 15Incised wounds 1" x 1/4" x bone deep Lt. lateral side of forehead. Simple sharp. 16 Incised wound 4" x 2 1/2" with flap of skin x upto bone posterior side of frontal bone. Simple Sharp. 17 Incised wounds 4 1/2" x 2 1/2" with flap skin x upto bone on the Rt. parietal bone. Simple Sharp. 18 Incised wounds 1" x 1/4" x 1/4" Lt. Ext. ear simple Sharp. 19 Incised wounds 2 1/2" x 3/4" x Bone deep Bone cutted with Fr. @ Lt. mastoide, Lt. mastoide area, Grevious Sharp. 20 Bruise 4" x 2 1/2" Lt. maxilla, Simple Blunt. 21 Incised wound 1 3/4" x 1/4" x 1/4" over later angle of Rt. eye Simple Sharp. 22 Incised wound 1 1/2" x 1/2" x 3/4" Rt. Angle of mandible cutted. Grevious Sharp. 23 Bruise 3" x 2" Rt. half of the mouth with Broken tooth. Rt. upper & lower lateral incisors. Grevious Blunt. 24 Bruise 2" x 2" over Rt. cheek. Simple Blunt. In the opinion of the doctor the cause of death was multiple sharp injuries causing severe haemorrhage. On the same day, accused Dei Ram and Kashi Ram were also examined. The doctor noticed following injuries on the body of Dei Ram vide Ex. D 4: Five round lacerated wounds on right lower leg posteriorly, including the ankle measuring 1/10" x 1/10" x muscle deep, varying in depth, enterance with slight blackening at the margins, margins inverted. Lacerted wound on right thumb anteriorly base measuring 1/10" x 1/10" x muscle deep varying in depth, enterance with inverted margins, slight blackening at the margins. 3. Abrasion on middle of the thigh posteriorly measuring 1/10" x 1/10". On examination of Kashi Ram the doctor noticed following injuries vide Ex. D 5: 1. Multiple round lacerated wounds on right thing and hip posteriorly measuring 1/10" x 1/10" x muscle deep, enterance with inverted margins, blackening slight. 2. Multiple round lacerated wound on left hand posteriorly measuring 1/10" x 1/10" x muscle deep.
(3.) AS far as injuries of both the accused, are concern they are caused by fire arm. The injuries caused to accused Dei Ram are simple whereas one of the injuries caused to Kashi Ram is grevious in nature. During the course of investigation, the police also made recoveries of blood stained weapons of offence from different accused persons. They were seized and sealed and sent to the Forensic Science Laboratory. After completing the investigation, police laid charge sheet against six accused persons for offences under Sections 302, 364, 147, 148, 149 I. P. C. and Section 27 of the Arms Act. The accused persons denied the charge and claimed trial. The prosecution in support of the case examined 12 witnesses. P. W. 1 Guljari Lal and P. W. 3 Rohtash have been examined as eye witnesses. P. W. 2 Ram Kumar is a witness, who was with the deceased till the jeep was stopped by the accused persons. P. W. 4 Ramswaroop, P. W. 5 Risal Singh, P. W. 6 Khiraj and P. W. 7 Jai Prakash are the formal police witnesses. P. W. 8 Dr. Brij Mohan Choudhary, is the Medical Officer, who conducted the autopsy of the deceased Bhura Ram and examined the injuries of the accused Dei Ram and Kashi Ram. P. W. 9 Baldeo Singh and P. W. 10 Surat Singh are the formal witnesses. P. W. 11 Atar Singh is the Investigating Officer. P. W. 12 Harlal Singh is a formal police witness. ;