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2006 Supreme(Raj) 555
Rajasthan High Court, Jaipur Bench
Honble SHIV KUMAR SHARMA, J. Honble R.S. CHAUHAN, J.
Sukh Chand & Another - Appellant
Versus
State of Rajasthan - Respondents
D.B. Criminal Appeal No. 27 of 2003
Decided On : February 23, 2006
Birisingh Sinsinwar & Harendra Singh Sinsinwar, for Appellants R.P. Kuldeep, Public Prosecutor for State Pankaj Gupta, for Complainant
Headnote:Penal Code, Sec. 34, 302, 302/34, 323 – Common intention – Scope – It implies a pre-arranged plan and convict the accused of the offence, it should be proved that the criminal act was done in concert pursuant to the pre-arranged plan – Prosecution failed to prove this fact – Sec. 34 is not attracted – Cross case lodged – Accused sustained injuries which remained unexplained – No prior enemity – Accused `S is liable to be convicted u/S. 304 Part II I.P.C. and `M is entitled to acquittal as no charge could be established against him. (Paras 8 to 11)
Sukh Chand:
U/s. 302 IPC:
To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer simple imprisonment for three months.
Mangi Lal:
U/s. 302/34 IPC:
To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer simple imprisonment for three months.
U/s. 323 IPC:
To suffer simple imprisonment for one year.
The substantive sentences were ordered to run concurrently.
(2). It is the prosecution case that in the intervening night of June 27 and 28, 1999 around 2 AM While Ghamandi (since deceased) and his family members were sleeping in the open chowk of their house, appellants Sukh Chand and Mangi Lal came over there. Sukh Chand dealt with a blow with axe on the head whereas Mangi Lal inflicted Lathi blow on the back of Ghamandi. Hearing hue and cry when Parsadi and Shrawan Lal intervened, they were also beaten up. Informant Kalu Ram (Pw.6) reported the matter to Police Station Bandikui. On that report a case under sections 307, 451, 323, 324 and 34 IPC was registered and investigation commenced. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Bandikui District Dausa. Charges under sections 302, 323 and 302/34 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 14 witnesses. In the explanation under Sec. 313 Cr.P.C., the appellants claimed innocence. Three witnesses were examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.
(3). We have given our anxious consideration to the rival submissions and with the assistance of the learned counsel we have gone through the evidence on record.
(4). Prior to his death the injuries sustained by Ghamandi were examined vide injury report (Ex.P-1) which are as under:–
1. Incised wound 6cm x 1cm x scalp tissue deep on left side of scalp.
2. Lacerated wound 1cm x 1/2cm x subcutaneous tissue deep on base on Rt. hand middle finger back side.
3. Abrasion 2cm x 1 1/2 cm above & medial side of Rt. knee.
4. Bruise 6cm x 1cm at mid of left thigh
5. Abrasion 1cm x 1cm at middle phalynx of Rt. hand ring finger.
On x-ray vide X-ray report (Ex.P-4) fracture of metacorpal bone was found.
On his death Ghamandi was subjected to autopsy and as per postmortem report (Ex.P-6) following antemortem injuries were found on the dead body:–
1. Lacerated wound 1cm x 1/4cm x muscle deep
2. Bruise 3cm x 1 1/2 cm yellowish green in colour placed on dorsum of Lt. forearm middle 1/3
3. Stitched wound 16cm long vertically placed on middle abdomen.
4. stitched wound U shaped 17cm long placed
Lt. Fronto parietal area to going on mid parietal region
5. Stitched wound irregular in shape of size 8cm extending from Lt. Temporal to Lt. Parietal region to scalp.
6. Abrasion 1/2 x 1/2 Lt. elbow.
In the opinion of Dr. Ashok Mathur (Pw.4) the cause of death was coma as a result of injury to skull and brain with cumulative effect of abdominal injury with secondary infection, sufficient to cause death in the ordinary course of nature.
Shrawan (Pw.7) vide injury report (Ex.P-2) received one bruise 2cm x 1cm on medial side of left knee joint. Similarly Parsadi Lal (Pw.8) vide injury report (Ex.P-3) received one bruise 3cm x 1cm on back of left hand (palm) and C/o pain on left side of head.
(5). In the same incident accused party also sustained injuries which are as under:–
Mangi Lal vide injury report (Ex.D-1A) received following injuries:–
1. Lacerated wound 1cm x 2cm x 1cm back of proxymal phalynx of left hand middle finger
2. Abrasion 2cm x 2cm on upper 3rd of Rt. Forearm back
