JUDGMENT 1. Appellants have filed this appeal challenging their conviction and sentence ordered by the trial court vide judgment/order dated 8.9.2016, as under:- Accused Sawai Ram, Balabux, Hanuman and Kailash: U/s. 302/34 IPC: to undergo life imprisonment and to pay a fine of Rs. 5000/-; in default of payment of fine to further undergo additional one month rigorous imprisonment. U/s. 325/34 IPC: to undergo three years rigorous imprisonment and to pay a fine of Rs. 1000/-; in default of payment of fine to further undergo additional fifteen days rigorous imprisonment. U/s. 323/34 IPC: to undergo six months rigorous imprisonment. U/s. 341 IPC: to undergo fifteen days simple imprisonment. Accused Sawai Ram: U/s. 323 IPC: to undergo six months rigorous imprisonment. 2. Prosecution story was set in motion on the basis of report Exhibit-P/22 lodged by complainant Ramcharan. On the basis of report Exhibit-P/22, formal FIR Exhibit-P/23 bearing No. 151 dated 27.10.2012 was registered at Police Station Diggi, District Tonk for the offences under Sections 143, 148, 149, 323 and 307 of Indian Penal Code, 1860. 3. Prosecution story, in brief, as per the FIR was that on 27.10.2012 at about 8:00 AM, complainant was going to his fields to bring fodder. When he reached near the house of Sheoji, he was abused and attacked by Shri Ram and Sawai Ram. Accused inflicted injuries on the head of the complainant with iron chain and axe. Complainant was rescued by the villagers and both the accused threatened that they would finish his family members. Thereafter, Shri Ram, Sawai Ram, Sheoji, Balabux, Sita Ram, Bhanwarlal, Netram, Dinesh, Hanuman, Kailash, Chhitar and Rameshwar in conspiracy with each other attacked the father and uncle of the complainant while armed with sticks, iron rods and axe. 4. Nanu Lal succumbed to his injuries on 28.10.2012. Thereafter, offence under Section 302 IPC was added in the FIR. 5. After completion of investigation and necessary formalities, challan was presented against the appellants Sawai Ram, Balabux, Hanuman and Kailash. 6. Charges were framed against the appellants under Sections 341, 323, 325, 325/34, 307, 307, 307/34, 302 and 302/34 IPC. Appellants did not plead guilty to the charges framed against them and claimed trial. 7. In order to prove its case, prosecution examined thirtytwo witnesses during trial. 8. 6. Charges were framed against the appellants under Sections 341, 323, 325, 325/34, 307, 307, 307/34, 302 and 302/34 IPC. Appellants did not plead guilty to the charges framed against them and claimed trial. 7. In order to prove its case, prosecution examined thirtytwo witnesses during trial. 8. Appellants when examined under Section 313 Cr.P.C., after close of prosecution evidence, prayed that they were innocent and had falsely involved in this case due to old enmity. 9. Appellant Hanuman appeared in the witness box as D.W.1. 10. Learned counsel for the appellants has submitted that the appellants have been falsely involved in this case. Parties were closely related to each other. There was land dispute pending between the parties. Some criminal cases were also pending between the parties. Dispute had allegedly occurred on account of turn of water. Due to old enmity, appellants had been falsely involved in this case. 11. Learned State Counsel has opposed the appeal. 12. Laxma P.W.3 deposed that on the day of incident, appellants had come to the spot armed with iron rods and sticks. Appellant-Sawai Ram was armed with an iron rod, whereas, other appellants Hanuman, Kailash and Balabux were armed with sticks. All of them inflicted injuries to Nanu Lal. She raised alarm. She stated that accused had also inflicted injuries to Sarlal. She also came to know that appellants had also inflicted injuries to Ramcharan. 13. Pw-6 Mohani deposed that on the day of incident, she was taking meals for her husband to the fields. On the way, she saw that Sawai Ram was inflicting injuries to Ramcharan with an iron chain. Ramcharan escaped from the spot after leaving his motor-cycle behind. She narrated the incident to her husband Sarlal. In the meantime, appellants Sawai Ram, Balabux, Hanuman and Kailash came on motorcycles and started inflicting injuries to her brother-in-law Nanu Lal. Appellants were armed with sticks. Thereafter, appellants inflicted injuries to her husband. 14. Complainant Ramcharan P.W.17 while appearing in the witness box deposed that on 27.10.2012 he had gone to water his fields at about 6:00 AM, as on 26.10.2012 there was electricity cut and they could not water their fields. When the complainant reached the Well to water his fields, Balabux and Sawai Ram came there and did not allow him to take the turn of water. When the complainant reached the Well to water his fields, Balabux and Sawai Ram came there and did not allow him to take the turn of water. Then he came home and after taking meals he left on his motorcycle to the fields to bring fodder. On the way, he was attacked by Sawai Ram with iron chain. He managed to escape by leaving his motorcycle at the spot. 15. Seeta Devi P.W.21 corroborated the statement of Mohani P.W.6 with regard to the injuries inflicted by the appellants on the person of Nanu Lal and Sarlal. 16. Kamla P.W.22 deposed that Sawai Ram had inflicted injuries to Ramcharan in her presence with an iron chain. 17. Sarlal P.W.25 deposed that on the day of incident, he had been inflicted injuries by the appellants who had come on two motorcycles. Sawai Ram was armed with an iron rod, whereas, Balabux was armed with stick. Sawai Ram, Balabux, Hanuman and Kailash had inflicted injuries to him. 18. Balu Ram P.W.26 has corroborated the statement of Kamla P.W.22. 19. Lala Ram P.W.27 deposed that on the day of incident, Hanuman, Kailash, Sawai Ram and Balabux had inflicted injuries to Nanu Lal, and thereafter, they left the spot on their motorcycles. Sawai Ram was armed with an iron rod, whereas, other appellants were armed with sticks. 20. Ramesh P.W.32 deposed that on hearing alarm raised by Seeta Devi and Laxma, he reached the spot and saw that Hamuman, Balabux, Sawai Ram and Kailash were leaving the spot after inflicting injuries to Nanu Lal. Sawai Ram was armed with an iron rod, whereas, others were armed with sticks. 21. Dr. Deepali Pathak P.W.8 deposed that on 28.10.2012 he had conducted post mortem examination on the dead body of Nanu Lal and proved the Post Mortem Examination Report ExhibitP/10. 22. A perusal of the Post Mortem Examination Report Exhibit-P/10, reveals following injuries were suffered by the deceased:- 1. Diffuse swelling on left side chest postero-laterally at iliac. On dissection there is about 400 ml partially clotted blood on left thoracic cavity on examination left lungs is pale with multiple contusions 1 cm x 1/2 x 1/2 cm to 1/2 x 1/2 x 1/2 on lower lobe. On further dissection there is fracture of left III to IX ribs postero-laterally with ante-mortem haematoma. On dissection there is about 400 ml partially clotted blood on left thoracic cavity on examination left lungs is pale with multiple contusions 1 cm x 1/2 x 1/2 cm to 1/2 x 1/2 x 1/2 on lower lobe. On further dissection there is fracture of left III to IX ribs postero-laterally with ante-mortem haematoma. On further examination there is laceration spleen and sub capsular haematoma and laceration left kidney. 2. Diffuse swelling right side lower neck and upper part chest posteriorly. On dissection there is ante mortem haematoma dark red on right side lower neck region and laryngo-trachea apparatus on right side postero-laterally with a clot of about 400 ml blood on right side upper thoracic cavity. On further dissection there is fracture right II & III ribs posteriorly with ante mortem haematoma. 3. Diffuse swelling on right side chest laterally on lower part. On dissection there is fracture of right IX and X ribs with ante mortem haematoma. 4. Lacerated wound 5cm x 2cm x muscle deep with red clotted blood on front of left leg lower 1/3rd. On examination there is fracture of both left leg bones. 5. Lacerated wounds two in no. of size 1cm x 1/2 cm and 1cm x 1cm with red clotted blood on front of left leg lower 1/4th with a gap of 1cm in between 1cm below injury No.4. 6. Abrasion of size 1cm x 1cm on left forearm mid 1/3rd posteriorly with swelling and deformity. On examination there is fracture of both left forearm bones. 7. Diffuse swelling on right forearm upper 1/3rd on examination there is fracture of right ulna bone. 8. Lacerated wound muscle deep 1/2cm x 1/2cm x with red clotted blood on dorsum left hand with surrounding abrasion with red clotted blood. On examination there is fracture of left II and III metacarpal bones. 9. Diffuse swelling on right lower jaw mid part. On examination there is fracture mandible on right side with malocclusion teeth right lower jaw. 10. Bruise of size 20cm x 5cm blue on left buttock lower 2/3rd. 11. Two parallel bruises with abrasions overlying present vertically of size 2cm x 1/2 cm with a gap of 1cm on right buttock lower part and back of right thigh upper part. On examination there is fracture dislocation right sacroiliac joint with haematoma. 12. 10. Bruise of size 20cm x 5cm blue on left buttock lower 2/3rd. 11. Two parallel bruises with abrasions overlying present vertically of size 2cm x 1/2 cm with a gap of 1cm on right buttock lower part and back of right thigh upper part. On examination there is fracture dislocation right sacroiliac joint with haematoma. 12. Lacerated wound 1cm x 1cm x muscle deep with red clotted blood on right leg mid 1/3rd. 13. Abrasion 3cm x 2cm red on front of right leg upper 1/3rd. 14. Abrasion 1 1/2 cm x 1cm on front of left leg mid 1/3rd. 15. Abrasion 2cm x 1cm on left tibial tuberosity red. 16. Abrasion 1/2cm x 1/2 cm red on dorsum right foot. 17. Abrasion 1cm x 12/2 cm on dorsum left wrist. 18. Abrasion 3cm x 1/2 cm on back of left forearm lower 1/3rd. 19. Abrasion 1/2 cm x 1cm red on left pelvic region laterally. 20. Abrasion 1/2 cm x 1/2 cm red on dorsum right hand. 21. Bruise of size 8cm x 12cm horizontally on right buttock red. 22. Two parallel bruises of size 8cm x 1cm each with a gap of 1cm purple horizontally on back of right thigh upper 1/3rd. 23. Abrasion of size 3cm x 1/2 cm with red clotted blood on back of right leg upper 1/3rd. 23. As per medical opinion, cause of death of deceased Nanu Lal was hemorrhagic shock brought about as a result of cumulative effect of injury Nos. 1, 2 and 3 which were sufficient to cause death in the ordinary course of nature. All the injuries were opined to have been caused by blunt weapons. 24. Dr. Sandeep Gupta P.W.11 deposed that on 27.10.2012 he had medico-legally examined injured Ramcharan and has proved his medico-legal examination report Exhibit-P/12. He deposed that all the three injuries suffered by the injured were simple in nature. 25. Dr. Shyam Sunder Bairwa P.W.18 deposed that on 27.10.2012 he had medico-legally examined injured Nanu Lal. He proved medico-legal examination report Exhibit-P/24. He further deposed that on the same day, he medico-legally examined injured Sarlal and proved his medico-legal examination report Exhibit-P/25. He further deposed that injury Nos. 1, 6, 7 and 4 on the person of Sarlal were grievous in nature, whereas injury Nos. 2, 3, 5 and 8 were simple in nature. He proved medico-legal examination report Exhibit-P/24. He further deposed that on the same day, he medico-legally examined injured Sarlal and proved his medico-legal examination report Exhibit-P/25. He further deposed that injury Nos. 1, 6, 7 and 4 on the person of Sarlal were grievous in nature, whereas injury Nos. 2, 3, 5 and 8 were simple in nature. Injured had suffered fracture of Ulna, Radius, Fibula and 5th metacarpal bone. 26. Police officials have deposed with regard to the investigation conducted in the case. 27. Thus, the present case relates to murder of Nanu Lal and injuries suffered by complainant Ramcharan P.W.17 and injured Sarlal P.W.25. Case rests on eye-witnesses account. 28. So far as injured Sarlal and Ramcharan are concerned, they have deposed with regard to the injuries inflicted on their person. Injured Ramcharan has deposed that he was inflicted injuries by Sawai Ram with iron chain. Statement of Ramcharan P.W.17 is corroborated by the Kamla P.W.22 and Mohani P.W.6. As per medical evidence, injured Ramcharan had suffered simple injures. 29. So far as injured Sarlal is concerned, he has deposed that he had been inflicted injuries by all the appellants. Appellant Sawai Ram was armed with iron chain, whereas, the other appellants were armed with sticks. Injured Sarlal had suffered simple as well as grievous injuries. He had suffered fracture of Ulna, Radius, Fibula and 5th metacarpal bone. Statement of Sarlal P.W.25 with regard to injuries inflicted on his person by the appellants is corroborated by Seeta Devi P.W.21 and Mohani P.W.6. 30. Thus, ocular version disclosed by Ramcharan P.W.17 and Sarlal P.W.25 is duly corroborated by medical evidence. 31. So far as deceased Nanu Lal is concerned, Mohani P.W.6 has deposed that all the appellants had come to the spot armed with weapons and had inflicted injuries to Nanu Lal. Statement of Mohani P.W.6 is corroborated by Laxma P.W.3, Seeta Devi P.W.21 and Lal Ram P.W.27 with regard to injuries inflicted by the appellants to the deceased. 32. A Perusal of medico-legal report as well as post-mortem examination report of deceased Nanu Lal reveals that he had suffered 23 injuries with blunt weapons. Thus, version of the eyewitnesses with regard to injuries suffered by Nanu Lal is duly corroborated by medical evidence. 33. 32. A Perusal of medico-legal report as well as post-mortem examination report of deceased Nanu Lal reveals that he had suffered 23 injuries with blunt weapons. Thus, version of the eyewitnesses with regard to injuries suffered by Nanu Lal is duly corroborated by medical evidence. 33. Hence, after carefully going through the statements of the eye-witnesses as well as the medical evidence on record, we are of the considered opinion that the prosecution had been successful in establishing its case against the appellants. Statement of eye-witnesses as well as injured witnesses inspires confidence. The said witnesses have withstood the test of crossexamination with regard to the involvement of the appellants in the crime. So far as the statement of appellant, Hanuman D.W.1 is concerned, the same fails to rebut the testimony of the eyewitnesses. From the testimony of DW-1, it is evident that some civil as well as criminal disputes were going on between the parties and the said fact shows that the appellants had the motive to commit crime. 34. In the facts and circumstances of the present case, learned trial court had thus, rightly ordered conviction and sentence of the appellants under Sections 323, 323/34, 341, 325/34 and 302/34 IPC. Hence, no ground for interference is made out. Consequently, the impugned judgment/order dated 8.9.2016 passed by the trial court are upheld. 35. Dismissed.