CHITTAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE all these five appeals are directed against one and the same judgment of the learned Sessions Judge, Bhilwara dated April 11, 1977, they were heard together and are disposed of by a single judgment. By the impugned judgment, the appellants Chittar, Duda, Soni alias Sonnath, Lala, Bheru, Lal Mohammed alias Lala Musalman and Bahu were convicted under Section 302/149, IPC and each was sentenced to imprisonment for life. By the same judgment, they were also convicted under Section 147, IPC and sentenced to one year's rigorous imprisonment. Sentences were directed to run concurrently. The accused have come -up in appeals and challenge their convictions.

(2.) AT about 6.30 p.m. on February 20, 1976, PW 1 Hari Lal appeared at Police Station, Shahpura district Bhilwara and presented written report Ex. P 1. It was stated therein that on receiving information from C.W. 2 Mohan that his (PW 1 Hari Lal's) brother Ladu was severely beaten and was lying near the field of Vishna Mali, he immediately went on a bicycle to the field where Ladu was lying in a severely injured condition. Ladu told him that he was assaulted and belaboured by Chittar, Duda, Bheru, Lala, Soni, Babu and Lala Musalman (appellants), and one Shanker. These persons struck blows to him with sword, axe, Farshi and lathis. The Station House Officer PW 10 Nahar Singh ascertained some more facts from PW 1 Hari Lal, which he endorsed on the back of Ex. P 1. The further interrogation of PWIH are Lal revealed that while Ladu was being taken in a bullock -cart to the Hospital at Shahpura for treatment, he passed away in the way. The police registered a case under Sections 302/149 and 148, IPC and swung into action. The Station House Officer went to the hospital and prepared the inquest report of the victim's dead body. The investigation revealed that Ladu was assaulted and belaboured by the accused at two places -first near the field of one Gokul Bhil and thereafter near the field of Vishna Mali. The Investigating Officer visited both the spots and lifted blood -stained soil from there and sealed the same. The post -mortem examination on the victim's dead body was conducted on February 21, 1976 by PW 8 Dr. Deo Narain, the then Medical Officer. General Hospital, Shahpura. He found seventeen injuries over the victim's dead body caused by sharp and blunt weapons. The doctor was of the opinion that the cause of death was shock and haemorrhage due to multiple cut wounds and multiple fractures of bones. The post -mortem examination report prepared by him is Ex. P 8. The blood -stained clothes of the victim were seized and sealed. Four of the appellants were arrested next day in the morning. The others were arrested after some days. In consequence of the informations furnished by them whilst under police custody, the shoes of the deceased, one lathi and one Farshi were recovered. The investigation further revealed that the incident was seen by the victim's brother Mahaveer (PW 2). After when the investigation was over, the police presented a crime report against the appellants and Shanker Lal in the Court of the Munsif -cum -Judicial Magistrate, Shahpura, who in his turn, committed the case for trial to the Court of Sessions. The learned Sessions Judge framed charges under Sections 302/149 and 148 IPC against them all, to which they pleaded not guilty and faced the trial. They denounced the whole prosecution story as a false and fabricated piece of concoction and cLalmed absolute innocence. None of the accused, except Chittar, assigned any reason for his false implication. Accused Chittar, in his statement under Section 313, Cr. PC stated that PW 3 Ratna Kahar was on inimical terms with him. He further stated that the deceased, his brothers Mahaveer and Heera Lal and his father Chhoga Lal had beaten him for which he had lodged a criminal case, which was pending in a judicial court. In support of its case, the prosecution examined ten witnesses and filed some documents. In defence, the accused examined five witnesses. Two persons Babu (CW 1) and Mohan (CW 2) were examined as Court witnesses. On the conclusion of the trial, the learned Sessions Judge found the prosecution case doubtful as against accused Shanker Lal, who had adduced evidence of alibi in his defence. He was, therefore, acquitted. The learned Sessions Judge held the charges duly proved against the remaining seven accused persons. They were, therefore, convicted and sentenced, as mentioned at the very out -set. Aggrieved against their conviction, the accused have come -up in appeals.

(3.) IT may be stated that the learned counsel for the appellants did not challenge the opinion of Dr. Deo Narain relating to the cause of death of the victim. We need not, therefore, touch his evidence in details. Suffice it to say that seventeen injuries were found over the victim's dead body caused by sharp and blunt weapons. His death was the result of these injuries. The death of the victim Ladu was, thus, homicidal and not natural.