Dhansingh, Lalu and Jatnia were charged for companymission of offences punishable under Sections 148, 302 read with Section 149 and Section 323 read with Section 149 I.P.C. The occurrence took place at about 6.00 p.m. on 27.11.1990 at village Theka Kund, Haveli Phalia.
Chest and lower extremities were stained with dried blood.
An appeal was preferred thereagainst by all the accused persons.
Chamru allegedly threw a stone which hit the shoulder and right parietal region of Hari Singh PW 2 .
Before the learned Trial Judge, seven witnesses were examined on behalf of the prosecution.
PM stains present on back.
Appellant wanted to know from the deceased as to why a companyplaint had been made by him in regard to cutting of Mahua tree before the Ranger.
Rigor mortis present on both extremities.
He took out the arrow and threw away the same.
Appellant shot an arrow which pierced the left side of the chest of the deceased.
Detention period of the accused persons be set off from the sentence.
They started abusing them.
Appellant was carrying a bow and arrows and other accused persons were having stones in their hands.
On receipt of injuries, the deceased Indar Singh tried to run away from the scene of occurrence.
PW 2 and other witnesses tried to intervene, whereupon other accused persons started pelting stones.
from the place of occurrence.
He, however, after going a few steps fell down.
Appellant is, thus, before us.
He was brought to the hut and after some time he succumbed to his injuries.
A First Information Report was lodged by PW 2 before the Police Station which was situated at a distance of 14 k.m.
For the offence u s 302/149 I.P.C. to undergo life imprisonment each and fine of Rs.500/ Rs.
The deceased was of numbermal built, eyes were closed, pupil dilated, mouth closed and face was pale.
Bone Injury caused by hard sharp perforating object as an arrow Hari Singh PW 2 also suffered the following injuries Conturium on Right shoulder On Back size 6 cms.
Appellant along with four other persons, namely, Chamru.
Five hundred and in default of payment of fine, they will suffer further simple imprisonment for six months and for the offence punishable under section 323/149 of P.C., they are sentenced to undergo R.I. for six months.
Injuries were Ante mortem in nature, caused within 24 hours of my examination.
In regard to the quantum of punishment, it was stated as under Accused persons heard on the point of sentence.
Deceased Indar Singh along with his brother Hari Singh PW 2 and other persons were in their respective hutments.
The accused persons came there and started shouting, on hearing of which Hari Singh PW 2 , deceased Indar Singh and Ansingh, Chandar Singh, Sayaribai and Sakru came out of their houses.
All the sentences of the accused persons to run companycurrently.
The High Court by reason of the impugned judgment while accepting the evidence of the prosecution opined that the appellants therein were number guilty of the offences punishable under Sections, 148, 302/149 and 323/149 I.P.C. But while setting aside the companyviction under the said provisions Appellant herein was found guilty of companymission of the offence punishable under Section 302 I.P.C. and sentenced to undergo imprisonment for life and accused Chamru was found guilty of companymission of the offence punishable under Section 323 I.P.C. and sentenced to undergo the imprisonment for the period already undergone by him with a fine of Rs.500/ .
