- (1.) These appeals by special leave arise out of a common judgment and order dated 10th December, 2003 passed by the High Court of judicature for Rajasthan at Jodhpur whereby conviction of the Appellants in the Criminal Appeals No. 342-343 of 2005 for offences punishable Under Section 302 read with Sections 149 and 147 Indian Penal Code and the sentence of imprisonment for life awarded under Section 302 Indian Penal Code and one year awarded Under Section 147 of the Indian Penal Code with a fine of ' 5000/- has been upheld. In default of payment of fine, the Appellants have been directed to undergo a further imprisonment for a period of one year each. Criminal Appeal No. 344 of 2005 filed by the State of Rajasthan assails the very same judgment and order insofar as the High Court has acquitted the Respondents in the said appeal of all the charges framed against them. Briefly stated the prosecution case is as under: At about 4.30 p.m. on 20.3.1994, a complaint was lodged by one Sab Singh later examined as PW1 at the trial, before the police station, Khamnor, District Rajasmand, Rajasthan on the basis whereof FIR No. 39/ 94 for offences punishable Under Sections 147, 148, 149, 302, 120B, 323, 307 Indian Penal Code was registered against 13 accused persons named in the complaint including the Appellants in Criminal Appeals No. 342-343 of 2005. The complaint, inter alia, stated that there was a dispute between Nathu Singh on the one hand and Kan Singh (accused No. 1) who has since died, on the other with regard to a certain piece of land belonging to Nathu Singh. A Panchayat was held in regard to the said dispute on 19th March, 1994 which was attended by village panchas apart from the disputants. Since the settlement talks failed Kan Singh and Ors. got annoyed with Nathu Singh and his sons and threatened them with dire consequences.
(2.) On 20.03.1994 at about 11 a.m. Pan Singh, Vardi Singh and Bhoor Singh, all sons of Nathu Singh were according to the complaint going to their agricultural field where the accused named in the FIR attacked and beat them with sticks and stones. Pan Singh and Vardi Singh sustained injuries in the incident and succumbed to the same. Bhoor Singh, who happened to be the only eye-witness to the incident survived and ran away from the place of incident to narrate the same to Sab Singh, who in turn, rushed to the police station to lodge the complaint.
(3.) On receipt of the above report the police started the necessary investigation, conducted an inquest, arranged for the postmortem examination of the dead bodies, recorded the statement of the witnesses concerned and eventually filed a charge sheet against all the 13 persons named in the FIR for offences punishable Under Sections 144, 148, 302, 120B, 323 and 307 Indian Penal Code. In due course the accused were committed to face trial before the Sessions Judge, Rajsmand where they pleaded not guilty and claimed a trial.;