P.C.Agarwal, J. - (1.)Roomalsingh (A-5) was convicted under Sections 147, 302, 307, 324/149 of the Indian Penal Code (Code for short) while other appellants are convicted for offences under Sections 148, 302, 307, 324/149 of the Code. They all have been sentenced to undergo R.I. for life, R.I. for 5 years and R.I. for 2 years under Sections 302, 307 and 324/149. They are further sentenced to R.I. for 2 years under Section 148 except Roomalsingh (A-5) who is sentenced to undergo R.I. for 2 years under Section 147 of the Code.
(2.)As per prosecution Smt. Parvati (P.W. 5) is widow of deceased Ramsingh (deceased for short). Toransingh (P.W. 2) and Maya (P.W. 4) are husband and wife. They had a son named Kailash who died during the pendency of trial. Their mother Mayabai also died during such trial. Toran (P.W. 2) is brother of Parvati (P.W. 5). Thus, major prosecution witnesses are closely related. They have constructed their Tapras on village pasture land. They had cultivated a part of such pasture and sown wheat and gram therein. On 24-10-1986 in noon, Rajalal (A-1) and Harnarayan (A-3) caught their cattle to take them to cattle pond on the allegation that these cattle had damaged their crop. However, decea-sed checked them and brought his cattle and tethered them near his tapra. Rajalal (A-1) and Harnarayan (A-3) did their cattle also in the newly sown field of deceased. Rajalal (A-1) sent Harnarayan (A-3) to call other appellants while he himself waited behind the Tapra of deceased. Soon Harnarayan (A-3) with other appell-ants i.e., Bhai Sahib (A-2, Pehalwan Singh (A-4) and Roomalsingh (A-5) came to the spot. Rajalal (A-1), Bhai Sahib (A-2), Harnarayan (A-3), Pehalwan (A-4) were armed with Farsas while Roomalsingh (A-5) was having a Lathi. All five belabored the deceased in front of his Tapra. Toransingh (P.W. 2), his wife Maya (P.W. 4), son Kailash (since dead) and Parvati (P.W. 5), wife of deceased who came to the rescue of deceased were also badly beaten. Deceased died on the spot, while all others were badly injured. Birjo, daughter of Motilal (P.W. 1) called him. Motilal (P.W. 1) reached the spot and saw the decea-sed and injured witnesses. He rushed to the Police Chowki Madhogarh and lodged F.I.R. (Ex. P/i) at 4.30 P.M. Later, crime no. 73/86 was registered at P.S. Kachnar vide Ex. P/22.
(3.)As per prosecution, Dr. Natwar Singh (P.W. 6) conducted autopsy of dead body of deceased and found 4 injuries on his head, two of which were lacerated wounds and other were contusions. He found 6 other contusions and one abrasion on different parts of body. He noted fracture of right frontal and parietal bone, left parietal bone, sixth rib with blood clotting over dura matter and left plural cavity with laceration in left lung with a punctured wound in midlobe. Cause of death was coma as a result of subdural haemorrhage i.e., head injury. According to him, all these injuries were caused by hard and blunt object and were sufficient in the ordinary course of nature to cause his death. Such injuries could be caused by Lathi or blunt portion of a Farsa or even by sharp edged side of Farsa if the same was not sharp. He noted 5 contusions with 1 lacerated wound on left parietal occipetal region of Parvati (P.W. 5). He noted one incised wound on left leg. one lacerated wound on right parietal region, three contusions and one abrasion on body of Kailash son of Toran (P.W. 2). He noted in all 5 contusions, one lacerated wound, one abrasion on person of Maya (P.W. 4). According to him, all injuries were caused by Lathi or blunt portion of Farsa. Incised wound of Kailash S/o Toran could be caused by sharp edged side of Farsa also. Later Roomalsingh (A-5) and Pahalwan (A-4) were arrested on 26-10-1986. He noted two incised wounds, one on right arm, the other over right elbow, one lacerated wound and six contusions on different parts of body of Toran Singh (P.W. 2). Farsa was seized from Pehalwan Singh (A-4). A Lathi was seized from Roomalsingh (A-5). Rajalal (A-1), Bhai Sahib (A-2) and Harnarayan (A-3) were arrested on 11-10-1986 and Farsas were seized from all three of them the same day and different seizure memos were prepared. Omprakash (P.W. 10), patwari visited the spot and prepared spot maps (Ex. (P/24 and P/25). After due investigation chargesheet under Sections 302, 307, 325, 147, 148, 149 and 450 of the Code was filed.