Full Judgment
G.K. Sharma, J.
1. This appeal is preferred against the judgment dated 31st May, 82' passed by the Sessions Judge, in Session Case No. 23 of 1981 by which, he found the accused-appellants guilty and sentenced each of them as under:
Name of Accused Offence Under Section Punishment
Modu : 302, IPC Imprisonment for life and a fine of
Rs. 3000/- & in default of payment
to 6 month's RI.
' : 324, IPC 6 month's RI and a fine of Rs. 500/-
in default of payment of fine, to
3 month's RI
Garuria & Balfa : 302, IPC Imprisonment for life and a fine of
Rs. 3000/- each & in default of payment
of fine to 6 month's RI each.
' : 323, IPC 1 month's RI each.
2. According to the prosecution, one Ramkumar lodged a report at P.S. Lakheri, on 24th November, 1980, at about 2 P.M. to the effect that in the morning, at about 9 AM, he along with his father Gopal (deceased) had gone to their field for harvesting Jawar. For the purpose, his father went to 'Pachaliya-Ki-Doli-Wallah field, and he, to Batwala field nearby Adjacent to their field, there was a field of one Ramchandra Rewari, where in Garuria, Balfa and Modu were standing at that time. He started harvesting crop. At about 9 AM, he heard some hue and cry coming from the 'Panchaliya-Ki-Doliwallah' field. On hearing the said cries, her an to words that field where his father was harvesting Jawar. There he was that Modu, Balfa and Garuria were beating his father with axe and lathis, and they were telling as to whether he would be giving evidence relating to Kalyan. As a result of the said beating, his father fell down on the ground, and was lying there. All the three accused persons continued beating his father, and then leaving him ran towards him saying that he would face dire consequences. Modu according to him, was armed with an axe, who inflicted blow with it on the left side of his check. Garuria armed with a lathi inflicted blow with it on his head. Balfa armed with a lathi also inflicted blow on the right side of his head. On account of this beating, he also raised a hue and cry, saying 'Bachao Bachao.' Hearing his cries, Manna, elder brother of his father came to the spot. All the three accused persons then inflicted injuries to Manna also. Again hearing the cries, Kanhaiyalal Gujar, who was cutting grass on a nearby Dungar, came to the Spot. The accused persons seeing Kanhaiyalal Gujar coming to words them ran away from the scene of occurrence. Gopal died at the spot. On this report, as case Under Section 302, 447 & 342/34, IPC, was registered and investigation started.
3. The police after completing investigation, filed a challan against the accused-appellants. Modu was chargesheeted under Section 302 & 324 IPC. while Garuria and Balfa Under Section 302 & 323, IPC. All the accused persons pleased not guilty and claimed trial.
4. The learned Sessions Judge, after completing the trial; perusing the record of the case; and hearing the arguments of both the sides, found the accused persons guilty and sentenced each of them as mentioned above.
5. It has not been disputed that Gopal died on account of injuries. The prosecution witnesses have started that all the accused persons had to come to the field where Gopal was harvesting Jawar. Modu, according to them, was armed with an axe while the other two accused were armed with lathis.
6. Ramkumar PW 2 has started that Modu inflicted axe-blow on the head of his father Gopal (deceased), who also inflicted one blow on the left hand of Gopal, while Balfa and Garuria inflicted lathis blows to his father. He has also started that Modu also an axe-blow on his left cheek, while Garuria and Balfa give lathis-blow to him.
7. Dr. P.C. Jain PW 7 examined the injuries of Gopal, who also conducted the post-mortem examination on his deadbody. He found nine injuries in all on the person of Gopal, out of which four were incised wounds. The doctor has appointed that the patient got multiple injuries at different parts of his body, of different sizes as two injuries which were on the vital part of the body leading to excess hemorrhage which were sharp grievous injuries, and also other injuries caused excessive blood loss from the body leading to central as well as partipharal circulatory failure leading to death of Gopal. He has further appointed that injuries Nos. 8 & 9, which were incised wounds were sufficient in the ordinary course of nature to cause death. All the injuries according to him cumulatively, Were sufficient in the ordinary course of nature to cause death. He has also started that the in side wounds found on the body of Gopal deceased, could possible be caused by an axe. Thus, we find that the statement of Ramkumar PW 2 is fully corroborated by the statement of Dr. P.C. Jain as well as the medical report. It is thus clear that Gopal died on account of injuries received by him. So, his death was homicidal in nature.
8. The learned Counsel for the accused appellants argued that a case Under Section 302, IPC, is not made out against the accused-appellants. According to him, accused Garuria and Balfa were armed with lathis only, and according to the prosecution evidence, these two appellants inflicted lathis blows to Gopal on his legs. The injuries on the legs of Gopal were not on the vital part of the body, and those injuries alone, were not sufficient in the ordinary course of nature to cause death. As such, according to the learned Counsel, there is no case against accused-appellants Balfa and Garuria made out Under Section 302, IPC. It was also argued by him regarding Modu that he had no intention of committing murder of Gopal the injuries which were alleged to have been inflicted to Gopal, according to the doctor, could be caused by an axe, but the axe which was recovered in this case by the police, did not have any human blood on it. He also argued that the prosecution should have proved that the axe, Article 3 was the same axe by which, Modu inflicted injuries to Gopal. The report of serologist shows that the blood on the axe was insufficient for test. Therefore, according to the learned Counsel, the prosecution has failed to connect the accused persons in this case with the crime.
9. In the alternative, it was also argued by the learned Counsel that the present case is covered Under Section 304 Part-II, IPC.
10. We have considered the arguments advanced by both the learned Counsel, and also perused the entire record of the case.
11. Ram Kumar PW 2 has stated that he and his father had gone to their field for harvesting Jawar crop. His father was working in 'Pachalia-Ki-Dholiwallah' field, while he was in 'Batwala' field. He heard some cry of his father, and when he came to his father, he saw that Modu armed with an axe, was inflicting blows on the head of his father, Gopal. He (Modu) bad also inflicted one axe-blow on the left hand of Gopal. Balfa and Garuria, who were armed with lathis, gave lathis-blows on the legs of his father. When, he (Ram Kumar) reached the spot, Modu inflicted axe-blow on his also. Garuria gave a lathis-blow on his head and so also Balfa, on his left hand. He cried. On hearing his cry, I Manna arrived there. The accused persons than beat Manna also, Modu gave axe-blow on the head of Manna. Garuria also inflicted one lathi blow on the chest of Manna, and so also Balfa, on his both the hands.
12. Manna PW 3 has corroborated the statement of Ramkumar PW 2 who has stated that hearing the cry of Gopal, he came running to the spot, and saw that Gopal was lying on the ground, and that, Balfa, Modu and Garuria were beating him. According to him, Modu was armed with an axe and he inflicted axe-blows to Gopal. Balfa and Garuria inflicted lathi blows to him. He asked them as to why they were beating Gopal. At this, Modu inflicted axe-blow on his head, while Balfa and Garuria inflicted lathis blows on his hand and chest respectively. The accused persons were telling Gopal as to whether he would give evidence in the case of Kalyan. Ramkumar was also beaten by the accused persons.
13. Kanhaiyalal PW 4, who also arrived at the spot hearing the hue and cry of the injured persons, has stated that he heard the cry of Gopal, and from that place, he saw that Modu, Balfa and Garuria were beating Gopal. Modu, according to him, was armed with an axe, while Balfa and Garuria, with lathis. After giving beating to Gopal, all the three accused persons ran way from the spot. He has also stated that he saw the accused persons beating Ram kumar and Manna also. In his cross-examination, he has said that at the spot, there was only Gopal, Manna and Ram Kumar, and when he reached the spot, be did not find the accused persons. But, he saw them running way.
14. Dr. PC. Jain PW 7 has examined the injuries Ram Kumar and Manna. According to him, Ram Kumar had 3 injuries on his person, and all of them were simple in nature. But, one injuries out of them, was by some sharp weapon. Manna, according to him also had three injuries on his person, out of which, one was incised wound by a sharp weapon. All of his injuries were simple. So, from the prosecution evidence, it is clear that the accused persons beat Gopal, Ram Kumar and Manna, and there is nothing in the statement of the prosecution witnesses to disbelieve their version. Their statements are fully corroborated by the medical evidence also. The learned Sessions Judge has also discussed in his judgment the prosecution evidence and has believed the prosecution witnesses. We also agree with the learned Sessions Judge. After going through the entire evidence, we also find that Modu, who was having an axe in his hand, inflicted axe-blows to Gopal deceased as well as the other accused persons, namely, Balfa and Garuria inflicted lathis blows to Gopal. On account of the injuries inflicted by Modu on the vital part of the body of Gopal he died. Balfa and Garuria also inflicted injuries to Gopal, but they inflicted blows on the leg of Gopal, which was not a vital part The death of Gopal was on a account of the injuries inflicted on the head of Gopal, by some sharp weapon, which were 8-9 in number, and which were sufficient in the ordinary course of nature to cause death. Those injuries were inflicted by Modu accused. It has also been established that Balfa and Garuria accused inflicted lathis blows to Manna, Ram Kumar as well as Gopal (deceased). But, all those injuries were simple in nature. Therefore, no case is made out against Garuria and Balfa of offence Under Section 302, IPC. Therefore, they have been rightly found guilty of inflicting simple injuries Under Section 323, IPC. But, they have been wrongly convicted and sentenced Under Section 302, IPC.
15. In the result, the appeal of Modu accused-appellant is dismissed. His conviction and sentence us. 302, & 324 IPC, are maintained. The conviction and sentence of accused appellants Garuria and Balfa us 302, IPC are set a side, and they are acquitted of this offence. How ever, the conviction and sentence of accused Garuria and Balfa, passed under Section 323, IPC by 'the trial court, are maintained.
16. The appeal is partly allowed as indicated above.