HANUMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these appeals arise out of impugned judgment and order dated 28-7-78 passed by the learned Sessions Judge, Merta in Sessions Case No. 1/1977. The appellants Hanuman Singh, Mangi Lal, Suwa Lal and Bheru Singh, in Appeal No. 292/78 while being acquitted of offences under Ss. 302/34 and 120-B, I.P.C., instead, were convicted under S. 304 Pt. I read with S. 34, I.P.C. and were awarded eight years' R.I. and a fine of Rs. 4000/- and, in default of payment of fine, six months' R. I. Being aggrieved there against, the appellants have preferred this appeal against their conviction and order of sentence. However, co-accused of the present accused-appellants, Dayal Ram, who was also challaned and charged with commission of offences under Ss. 302/109 and 120-B, I.P.C., was acquitted and hence the State by leave has preferred Appeal No. 490/78 against Dayal Ram whereas the accused-appellants of Appeal No. 292/78 have also been appealed against on account of their acquittal from the offences under Ss. 302/34 and 120-B, I.P.C. Since both these appeals arise out of one and same judgment and, therefore, the same are being disposed of by this common judgment.

(2.) Birbal Ram (P.W. 2) who is brother of Tilok (P.W. 12) and chhoga Ram (since deceased). They are residents of village Barsuna and so also the accused-persons. On the night intervening 24th and 25th September, 1976 at about 11.30 p.m., on learning of Chhoga Ram's having been brought to the Government Hospital, Nagaur in an injured and unconscious condition, Bheem Singh (P.W. 10), A.S.I., Police Station, Kotwali, Nagaur reached the hospital whereat Birbal Ram (P.W. 2) handed over Ex. P.1 written report to Bheem Singh alleging therein that on 24-9-76 at about 3 P.M. while his brother Chhoga Ram was returning home from his field, in the way, passing from the 'angore' (catchment area) of 'nadi' (village water reservoir), accused-appellants Hanuman Singh, Bheru Singh, Mangi Lal and Sukha Ram ambushed him. Bheru Singh and Mangi Lal were armed with a 'pharsi' and 'kassi' while Hanuman Singh and Sukha Ram were each armed with a lathi. They started assaulting Chhoga Ram conjointly with the weapons with which they were armed. He along with his brother Tilok (P.W. 12) was working in their field situated nearby. They rushed towards the place of occurrence from the field and, while reaching nearby, they challenged the assailants on which Chhoga Ram was left at the site of occurrence and the assailants escaped from there. Chhoga Ram became unconscious. He was brought to the hospital at Nagaur and the Medical Officer, after providing medical first aid, advised Chhoga Ram to be taken to the hospital at Jodhpur. Bheem Singh registered FIR on the basis of report Ex. P. 1 without regular number since the alleged occurrence took place within the territorial jurisdiction of Police Station of Khatu Badi and hence Ex. P. 1 along with the FIR so chalked out was forwarded to the Police Station, Khatu whereat Deewan Singh, S.H.O. (P.W. 13) registered a fresh FIR and started investigation. Since, by then, the injured Chhoga Ram had already been transferred from Nagaur hospital to the Mahatma Gandhi Hospital, Jodhpur on the same night. Accordingly, Deewan Singh also reached Jodhpur whereat Chhoga Ram was admitted as an indoor patient in an unconscious condition. He died on 25-9-76 at 6.25 P.M. and so his inquest report Ex. P.10 was prepared by Deewan Singh. His blood stained clothes were also taken into custody vide Ex. P.11.

(3.) Dr. R. K. Gehlot (P.W.11) performed post-mortem of the dead body of Chhoga Ram on 26-9-76 at 10.30 A.M. He found the following injuries on the dead body of Chhoga Ram :