S.S.BYAS, J. - (1.)BY his judgment dated January 29, 1979 the learned Sessions Judge, Merta convicted and sentenced the appellants as under: JUDGEMENT_179_TLRAJ0_1984.htm
(2.)THE substantive sentences were directed to run concurrently while those in default of the payment of fine consecutively. The appellants have comeup in appeal to challenge their conviction and sentence.
Briefly stated, the case set -up by the prosecution is that PW. 1 Mst. Dhulki and PW. 3 Adu Ram are residents of village Chandaroon Tehsil Degana district Nagaur. The deceased -victim Megha Ram Jat was also a resident of this village. PW. 2 Chotha Ram Brahmin is a resident of village Meediyan and was a Hali (hired -servant) of PW 1 Mst. Dhulki and was living in her Dhani in village Chandaroon at the relevant time. PW. 3 Adu Ram and the deceased -victim Megha Ram were tending their live -stock (Aver) in 1 the field of Smt. Dhulki (PW. 1), a few steps away from her Dhani. In the I night between June 11 and 12, 1977, PW. 3 Adu Ram and the deceased -vic -tim Megha Ram were sleeping near their live -stock. PW 2 Chotha Ram and I PW 1 Dhulki were sleeping in ber Dhani. In the mid -night the appellants | accompanied with Har Karan (died during trial) and Mangu Ram (acquitted I by the trial court) came there where Aduram and Megha Ram were sleeping. Accused Isher Ram had a knife while the other miscreants had Lathies. They I made an on -slaught on Megha Ram and started jointly lending blows to him. Adu Ram raised cries. PW 1 Dhulki and PW. 2 Chotha Ram, hearing his cries, came there on the spot. The miscreants continued to strike blows to Megha Ram. The blows were hit on Megha Ram's head, feet, thigh and other parts. PW. 3 Aduram tried to intervene but was threatened to remain away otherwise he too would not be spared. After giving a severe beating to Megha Ram, the miscreants went away Megha Ram sustained multiple injuries. There was profuse bleeding from his wounds and the clothes he was t wearing got drenched with it. PW. 3 Aduram went to the victim's brother Prema Ram apprised him of the incident. Prema Ram immediately left for I Police Station, Degana and presjnted written report Ex. P.7 of the occurrence at about 5.00 A.M. on June 12,1977. The police registered a case under Sections 147, 307, 323, IPC and took -up the investigation. PW. 8 Bhanwar Bharti, the Head Constable of Police, who was Incharge of the Police Station arrived on the spot, inspected the site and prepared the site memo. The injuries of Megha Ram were examined at about 7.00 A.M. on June 12, 1977 by PW 5 Dr. Mohammed Niyaz, the then Medical Officer Incharge, Primary Health Centre, Degana, He noticed the following injuries f on the body of Megha Ram:

(1) Lacerated wound 1/2' x 1/6' x 1/2' deep oblique on the outer side of left eye brow. (2) Abrasion with bruise 3' x 1' horizontal 1 -1/2' away from ala of the nose to tragus of left side (3) Abrasion 3'xl' horizontal 1 -1/2' below the injury No. 2 swelling extending from temporal region to mandibular region on the left side (4) Lacerated wound 1' x 1/6' x 1/4' deep on the upper part and frontal aspect of the left ear (5) Incised wound 3/4' x 1/6 x 3/4' deep vertical on the lateral aspect of lower 1/3' of the left arm 2' above the lateral epicondyl. (6) Bruise 4' x 1/2' horizontal 4' above the lateral epicondyl on left arm (7) Bruise 3 -1/2' x 1' oblique 5' above the bead of febula on the lateral aspect of left side (8) Bruise 3 -1/2' x 1' oblique 2' below the head of febula on the lateral aspect of left side (9) Bruise 5' x 3' oblique 5' below the head of febula left side (10) Bruise 4 -1/2' x 3/4' oblique just below paand parallel to injury No. 9 (11) Lacerated wound 1' x 1/2' x 1/2' deep vertical on the left lower limb 5' below the tibial tuberosity (12) Lacerated wound with bruise 1' x 1/2' x 1/4' deep vertical 2 -1/2' below left tuberosity of leg. (13) Lacerated wound with bruise 1' x 1/2' x 1/4' deep oblique 9 -1/2' below tibial tuberosity on chin of tibia on medial aspect left side. (14) Lacerated wound with bruise l'xl/2'x 1/4' deep vertical inner side of the leg along with the above injury ' (15) Bruise S -l/2' x 3/4 horizontal 4' above the knee joint.

(3.)THE injury report issued by him is Ex. P.2. All the injuries were designated as simple. Injury No. 5 was opined to have been caused by some sharp -dged -weapon while the remaining by some blunt object. Since the condition of Megha Ram was found serious, Dr. Mohammed Niyaz advised to take the injured to Ajmer for treatment. Megha Ram was taken to Ajmer and and was got admitted in J.L. Nehru Hospital, Ajmer, Despite the treatment, Megha Ram did not survive and passed away at about 1.50 A.M. on June 18,1977. The police added Section 302, I.P.C, during investigation. The post mortem examination of the victim's dead body was conducted at about 11.40 A.M. On June 18,1977 by Medical Jurist Dr. S.C. Nama (PW. 4). He noticed the following injuries on the victim's dead body:
(1) Both the eye blackened (2) Swelling on left side of face (3) Stitched wound on the right leg on the upper one third of leg 1 size 1' long. (4) Stitched wound on the middle of right leg 1' long. (5) Stitched wound lower one third right leg at the upper border 1' long. (6) Stitched wound on right mecburney points 2/1 -2' a long with cathether at right ilise fossa. (7) There was fracture of neck of left humerous. (8) Stitched wound 1/1 -2' on the left eye brow. (9) There was fracture of mandible at both ramus. On scalp examiuation there was blood clots on the left side of occipital, temporal and frontal regions. There was horizontal fracture secrebur of skull to the left ear involving left frontal, parietal and temporal bones. There was extra -dural haemorrhage with blood clots and subdural haemotoma was present.