LexRAMKISHAN AND OTHERS versus STATE OF RAJASTHAN
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A RAMKISHAN AND OTHERS v. STATE OF RAJASTHAN SEPTEMBER 2, 1997 B (DR. A.S. ANAND AND K. VENKATASWAMI, JJ.] Indian Penal Code, 1860: Ss. 304 (Pmt-II)/ 149 and 148-Ten accused including five appellants C prosecuted u/s. 302/148--Prosecution case indicating 10-12 persons having attacked complainant party out of whom one died and others received ( injurie~High Cowt acquitting five of the accused and convicting the five appellants u/s. 302 and s. 148-High Court upholding the conviction and sentence-Held, on the basis of finding of trial court, the intention of appel- lants could only have been to cause injuries to deceased and they did not D share any common intention to cause death of deceased-Medical evidence also does not support the ultimate finding recorded by trial court-In the circumstances the case would fall under s. 304, palt ll read with s. 149-Con- viction and sentence u/s. 302 is set asid~Appellants convicted under s. 304 part II read with s. 149-Each one of them would suffer 5 years 1igorous E implisonment. F G S. 149-Though no specific change indicating the applicability of s. 149 was framed, but all the ingredients of the section were clearly indicated in the charge framed against the appellants--Omission to mention s. 149 in the charge is only an ilregularity. Willie (William) Slaney v. State of Madhya Pradesh, AIR (1956) SC 116, followed. CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 626 qf 1986. From the Judgment and Order dated 6.5.86 of the Rajasthan High Court in D.B. Cr!. A. No. 554 of 1983 . . Shanti Swarup Sharma, (NP) for the Appellants. H K.S. Bhati for the Respondents. 700 RAMKISHAN v. STATE 701 The following Order of the Court was delivered : A Five appellants alongwith five others were tried for offences under Sections 302, 148 IPC and some minor offences. The learned Sessions Judge acquitted five co-accused of the appellants but convicted and sen- tenced them for offences under Section 302/148 IPC. They filed an appeal B in the High Court which was dismissed by the Division Bench of the High Court on 6th May, 1986. By special leave the appellants have called in question the judgment of the High Court dated May 6, 1986. In short, the prosecution case is that on 14th November, 1981 at about 10.00 p.m. when the complainant party was taking its bullock cart C through a path way of the abadi to village Galla Kua, the cart suffered a sudden and violent jerk. It was noticed that a ditch had been freshly dug in the path way, though the complainant party had not noticed the existence of any such ditch earlier on their way to the forests in the evening. As soon as the bullock cart suffered a jerk, 10 or 12 persons came out from house D of Ranjita and Hira. They were armed with sticks and axes. They assaulted Bhura, Badri, Dhanna and Ramphool. Ramphool and Dhanna, however, escaped unhurt. Bhura succumbed to the injuries. Badri also received injuries. Ramphool, PW. 3, went to the police station and lodged the First Information Report on 15th November, 1981 at about 6.45 a.m. The investigation was taken in hand and ten persons including five appellants E were sent up for trial. According to the prosecution case the assailants had mounted the attack on the complainant party and inflicted injuries on Bhura and Badri with a view to take revenge for a violent incident which took place in 1973 when Ranjita; appellant, suffered fracture on his leg which led to the filing of criminal prosecution against Bhura and Ram- phool. As many as 11 witnesses were examined by the prosecution at the trial. Dr. Bansal, PW, conducted the postmortem examination on the dead body of Bhura on 15th November, 1981 at 2.30 p.m. He noticed as many F as 11 injuries on the dead body. Out of these injuries eight were incised wounds and others were injuries caused by blunt weapon. Out of the incised wounds, there were some injuries on the legs and the left thumb G and the remaining three injuries were on the. head of the deceased. Badri, PW, was also examined and nine injuries were found on his person. There was no fracture of any bone, though some of his injuries were described as grievous injuries. At the trial, Dr. Bansal deposed that the injuries found on the deceased were sufficient to cause death in the ordinary course of nature. During cross-examinatio.n however Dr. Bansal admitted that apart H 702 SUPREME COURT REPORTS [1997] SUPP. 3 S.C.R. A fr
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