Honble MADAN, J.–This criminal appeal has been filed by the appellants challenging judgment dt. 14.10.99 of the learned trial court, whereby each of the appellants has been convicted for offence u/S. 302, IPC and sentenced to life imprisonment with a fine of Rs. 500/- (in default, further RI for 3 years).

(2). It is the prosecution case that an FIR No. 347/98 was registered at PS Kotwali (Sawai Madhopur) upon information given by Babulal Gurjar on 30.8.98 to the effect that the village people had gone to the holy shrine of `Kachida Mataji temple situated in the Hill to worship and after obeisance some of them returned back but he (Babulal) alongwith Ramu & Harphool proceeded to return at 4 O clock in the evening, then reached near Nalla ahead anicut at about 5 PM during which he has ahead, Harphool was in between, and as soon as they crossed and were inclining over nalla then they saw Budhi & Roop Singh alias Roopa Gurjar of village Bhadlav duly armed with lathies and soon they (Budhi & Roopa) reached near them and soon thereafter started inflicting blows on the person of Harphool. It has been alleged in the report that Budhi caused injuries by lathi on the head of Harphool thereby he fell on the ground with blood oozing out from the head but despite Harphool having fallen down Roopsingh & Budhi continued causing injuries to him (Harphool) by infliction of lathies blows, and even when he tried to escape, the accused did not rebut. However, Harphool succumbed to the injuries then and there at the spot itself. It has been stated therein that since Harphool died at the spot, they got afraid, so first they went to inform wife & son of Harphool in the village and thereupon came back to the spot wherefrom some people left for informing the police on telephone. Written report was given to SHO PS Sawai Madhopur who reached the spot on 30.8.98 at 9 PM and then it was sent to the police station through Hanuman Prasad Constable No. 493. Consequently, FIR under Crime No. 347/98 was registered for offences u/Ss. 302 & 341/34 IPC.

(3). Site plan (Ex.P.2) was prepared on 31.8.98. Blood smeared soil and controlled soil were taken from the spot vide seizure memo (Ex.P.4) and then sealed at the spot on 30.8.98. Deadbody of Harphool was taken into custody at the spot by preparing memo (Ex.P.5) on 30.8.98 at 9.45 P.M. so as to get inquest and autopsy reports. After inquest report (Ex.P.6) the dead body was handed over to the son of Harphool but after post mortem. During the process of inquest report, clothes from the body of deceased Harphool were seized vide seizure memo (Ex.P.7) on 31.8.98 at 9.30 A.M. and the Medical Jurist gave post mortem report (Ex.P.9) after getting examination of body at mortuary of Govt. Hospital Sawai Madhopur on 31.8.98 at 8.30 A.M. As per post mortem-report (Ex.P.9) nine injuries were found on the body of deceased Harphool, which were opined to be ante-mortem in nature, out of which, injuries Nos. 6 to 8 were bruises on anterior aspect of left elbow, on back of left arm, and on upper part of back of left arm. Injury No.9 was swelling and found on back of right hand but on dissection, fracture of proxyneal phalanix of index and middle finger of right hand was found. Rest of five injuries were lacerated wound. Injury Nos. 1 to 5 were found on right side of forehead (transversely placed), occipital region of scalp 1 above injury No.2 on post armoular region of mastoid of scalp left side, right parietal region of scalp (obliquely transversely placed). All these five injuries were bone deep. On dissection of scalp, the doctor who conducted post mortem examination of the deceased opined as under:-

``Haematoma present on occipital and right frontal region of scalp and after cleaning there were multiple fracture pieces of occipital bone is seen and depressed and integrated into brain matter. After opening the skull tear of dura membranes at occipital region and haematomma collected above and below dura membrane on occipital regi

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