SHIV KUMAR SHARMA, J. - (1.)Smt. Mukesh Devi and Ghanshyam alias Mahaveer, appellants herein, along with Krishna Kumar, Dayala Ram and Smt. Suman Devi were placed on trial before learned Additional Sessions Judge Khetri, who vide judgment dated September 30, 2005 convicted and sentenced the appellants as under :- JUDGEMENT_1840_CRLJ_2007Html1.htm
(2.)The brief facts as unravelled by the prosecution at the trial are as follows :- On May 22, 2005 the informant Surendra Singh (P.W. 5) submitted a written report (Ex. P-3) at police station Buhana, stating therein that on the said day while his father and brother were going from the well after unloading bricks. Ghanshyam, Krishna Kumar. Smt. Mukesh and five others came in a jeep armed with lathi. Barchhi and axe and wayled his father Reghuveer and brothers Krishna and Banwari and started beating them. On raising hue and cry Suresh and Hari Ram intervened and took them to hospital. On that report a case under Sections 147, 148, 149. 341, 323 and 307, IPC was registered and investigation commenced. In the course of investigation injured Raghuveer died and Section 302, IPC was added. Post mortem on the dead body was performed, necessary memos were drawn, statement of witnesses were recorded, the accused were arrested and charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Khetri. Charges under .Sections 148, 341 323, 324, 302 alternatively 302/149, IPC were framed. The accused denied the charges and claimed trial. In support of its case the prosecution examined as many as 11 witnesses. In the explanation under section 313, Cr. P. C., the accused claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as Indicated herein above. Co-accused Krishna Kumar. Dayala Ram and Smt. Suman Devi were however acquitted. Complainant Surendra Singh assailed the finding of acquittal in revision petition No. 1038/2005. Whereas appellant Mahaveer has challenged the acquittal of the members of complainant party in the cross case instituted by the accused party in revision petition No. 1237/ 2005. We proceed to decide all the three matters together.
(3.)Learned counsel for the parties during their respective submissions took us to the material on record, a look of which demonstrates that prior to the death the injuries sustained by Raghuveer (deceased) were examined vide injury report (Ex. P. 7), which reads thus ;-
1]. Swelling with bruise 2 x 2" on left temporal region. 2]. Abrasion with bruise with swelling 2 x 2" on upper 3rd and lateral side of left leg. 3]. Weakness on Rt. and upper lower limb of Rt. half of body on hemiporesis Autopsy on the dead body of Reghuveer was performed by Medical Board and postmortem report (Ex. P-6) was drawn. As per Dr. Vidyadhar (P.W. 6), who was one of the member of Medical Board, the cause of death was coma due to head injury.