BAJRANG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT appeal impugns the judgment dated November 11, 1999 of the learned Additional Sessions Judge Jhunjhunu whereby the there appellants Bajrang, Ram Kumar and Sri Ram were convicted and sentenced thus:- U/s. 302/149 IPc Each to suffer Imprisonment for life and fine of Rs. 500/- in default to further suffer six months Rigorous Imprisonment. U/s. 148 IPc Each to suffer Rigorous Imprisonment for two years and fine of Rs. 200/ -. in default to further suffer two Months Rigorous Imprisonment. U/s. 325/149 IPc Each to suffer Rigorous Imprisonment for there years and fine of Rs. 300/- in default to further suffer there Months Rigorous Imprisonment. U/s. 324/149 IPc Each to suffer Rigorous Imprisonment for two years and fine of Rs. 200/.- in default to further suffer tow months Rigorous Imprisonment. U/s. 323 IPc Each to suffer Rigorous Imprisonment for six months. All sentences were ordered to run concurrently.

(2.) AS per the prosecution version an information was lodged at Police Station Pilani by Lichhman Ram (PW. 3) on July 12, 1989 that Bajrang, Ram Kumar, Sri Ram, Jalu, Mala Ram and Banwari and assaulted Phool Chand, Sat Pal, Dharam Pal and Ved Pal with Gandasa, Barchhi, Lathi and axe, as a result of which Phool Chand died and Sat Pal, Dharam Pal and Ved Pal sustained injuries. On the basis of such information the case under Sections 302, 147, 148, 149, 323 and 427 IPC was registered and investigation was undertaken. On completion of investigation charge sheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge Jhunjhunu Charge under Sections 148, 302 in the alternative 302/149, 427, 325/149, 324/149, 323 and 323/149 IPC was framed against the accused who denied the charge and claimed trial. Accused Jalu, Mala Ram and Banwari died during the pendency of trial and proceedings against them got dropped. AS many as 12 witnesses were examined by the prosecution in support of its case. In the explanation under Section 313 Cr. P. C. the appellants claimed innocence. Appellant Sri Ram examined himself and Chunni Lal in defence. On hearing final submission the learned trial Judge convicted and sentenced the appellants as indicated herein above.

(3.) LET us now examine the nature of injuries sustained by the deceased and other injured persons. According to post mortem report (Ex. P-20) Phool Chand received as 13 external injuries thus:- 1. Lacerated wound 4" x 1/4" x up bone of the skull at the Rt. fronto parietal region of the skull-blood clotts oblique. 2. Bruise 5" x 2" - diffused swelling on the left arm- fracture of the humerus bone-collection of the blood at left axillary region. 3. L. W. 4" x 3" x - fracture of the bone of the Rt. Leg through the wound fractured ends of both bones are visible & coming out - blood clotts at the upper 1/3rd - diffused swelling at the Rt. Caff region due to collection of blood. 4. Bruise 5" x 1" on the left scapuler region oblique. 5. Bruise 6" x 1" on the Rt. scapular region oblique. 6. Diffused swelling at the Rt. scapular region-blood collection in the swelling. 7. Bruise 5" x 1" at the middle 1/3 of the back oblique. 8. Bruise 4" x 1" at the lumber region outer side oblique. 9. Diffused swelling at the Rt. Leg lower 1/3 just above the Ankle Joint outer side of leg bones. 10. Bruise 4" x 2" Rt. fore arm lower 1/3 outer side. 11. Bruise 3" x 1" on the left hand at the region. 12. Bruise 1" x 1" on the left ahdn dorsal side outer asper. 13. Diffused swelling of the left forearm lower 1/3 outer side # of both bones of the limbs. " Fractures of Right Parietal bone, Left humerus upper 1/3, Right tibia and Fibula upper 1/3, Right tibia and Fibula lower 1/3 and left radius and ulna lower 1/3 were found, cause of death was haemorrhage (Ext.) and cumulative effect of multiple injuries to the vital organ like brain.