J.C.GUPTA, J. - (1.) ALL the appellants namely Naththoo Ram, Rampal Sultan, Brij Lal and Parsadi have been convicted and sentenced to 1-1/2 years R.I. under Section 147, I.P.C., two years R.I. under Section 148, IPC and to imprisonment for life under Section 302 read with Section 149, IPC and one year R.I. under Section 323/149, IPC. The conviction under Sec­tion 302, IPC read with Section 149, IPC has been recorded in relation to the mur­der of Daya Ram while conviction under Section 323/149, IPC is in relation to in­juries caused to Smt. Phudari, P.W. 5, the mother of the deceased.
(2.) OUT of the above named appel­lants, Sultan son of Jagan died during the pendency of this appeal, hence his appeal has abated. The prosecution case as revealed from the F.I.R. in brief is that on 25-10-1979 at about noon time Daya Ram, son of Baldeo was ploughing his field inside the Tal (land of dried pond) for sowing gram. He himself was driving the plough his mother was sowing the seeds while his Halwaha Komal was driving Bakhar. All the five accused persons appeared there armed with “Parena” (a weapon which has an iron blade fixed on one end of Lathi). The had their land also in the same Tal. The accused Nathoo Ram asked Daya Ram to pay irrigation charges first before plough­ing the field. Daya Ram told him that he would pay the irrigation charges in the evening as may be settled by the Panchas. However, accused Nathoo Ram insisted upon immediate payment. Daya Ram told him that he was not having any money in his pocket so as to pay to him. On this accused Parsadi said that he be assaulted and killed. Thereafter all the five accused persons started beating Daya Ram with Parenas. Smt. Phudari P.W. 5 was also as­saulted when she intervened to save her son. The incident was witnessed by Suraf Singh P.W. 2, Rajdhar P.W. 3, Ganesh, Nripat, Sooraj Singh and others. Seeing the witnesses arriving all the accused ran away towards the village. On account of the injuries sustained during the course of incident, Daya Ram died on the spot.
(3.) SURAT Singh P.W. 1 came to the village and there he wrote down the report Ex. Ka.3 and then went to Khitwana where Pahalwan Chowkidar met him. Along with him he went to police station Mehroni and lodged the F.I.R. at 4 p.m. on the same evening. Head Constable Shiv Singh P.W. 6 prepared check report Ex. Ka. 4 and the case was registered in the general diary copy of which has been proved as Ex. Ka. 5. The Station Officer Kamta Singh P.W. 11 was present at the police station when the case was registered. He took up the inves­tigation and reached the place of occur­rence immediately. The inquest was held and thereafter the dead body was sent for post-mortem examination along with all necessary papers. From the dead body of Daya Ram his blood stained Shirt Ex. 3 was taken into possession through memo Ex. Ka. 14. From the place of incident, the Investigating Officer took into his posses­sion one pair of shoes Ex. 5 and one pair of Chappal of Smt. Phudari, Ext. 6. The state­ment of witnesses were recorded and the site plan Ex. Ka. 18 was prepared. Blood stained earth and plain earth was also col­lected from the scene of occurrence through memo Ex. Ka. 19. The Investigat­ing Officer also found some pieces of bangles and collected and kept them in a sealed bundle and its memo Ex. Ka. 20 was prepared. The Investigating Officer also found at the scene of occurrence, plough and Bakhar which were also taken into possession and given in the custody of Baldeo father of deceased Daya Ram through memo Ex. Ka. 21. The Investigat­ing Officer in order to effect the arrest of the accused persons raided their houses. During the search of accused Parsadi one blood stained Parena Ex. 1 was taken into possession through memo Ex. Ka. 20. Similarly one more Parena Ex. 11 was recovered from the house of accused Brij Lal and was taken into police custody through memo Ex. Ka. 22. Both the Parenas were kept in separate sealed bundles. Blood stained Dhoti Ex. 4 of Smt. Phudari was also taken into possession through memo Ex. Ka. 26. The Investigat­ing Officer also took into possession the relevant papers relating to the demarca­tion of the land of the deceased and copy of Khasra for 1386 Fashi as well as copy of the order of the SDM, Lalitpur Ex. Ka. 29. On completion of investigation all the accused persons were challaned vide Ex. Ka. 31.;