HON'BLE MATHUR,J. - (1.) By judgment impugned dated 6.9.2003, learned Additional Sessions Judge (Fast Track), Jodhpur convicted the accused appellants and sentenced them in following terms:- Accused Pappu Ram : U/Ss.302, 323/34 IPC imprisonment for life term with a fine of Rs.200/- and in default of payment of fine further to undergo one month's rigorous imprisonment. U/s.4/25 Arms Act one year's rigorous imprisonment with a fine of Rs.100/- and in default of payment of fine further to undergo fifteen days rigorous imprisonment. Accused Madanlal, Smt. Bhanwari and Dilip : U/Ss.302/34, 323/34 IPC - imprisonment for life term with a fine of Rs.200/- each and in default of payment of fine further to undergo one month's rigorous imprisonment. U/s.323/34 IPC six months' rigorous imprisonment with a fine of Rs.100/- and in default of payment of fine further to undergo fifteen days rigorous imprisonment.
(2.) Briefly stated, facts of the case are that on 12.1.2003, PW-6 Raju submitted a written report at Police Station Soorsagar with insertion that on 11.1.2003 his relative Madanlal came to his house and stayed there for a night. Wife of aforesaid Madanlal Smt. Bhanwari then came to the residence of the complainant and started quarreling with Madanlal questioning his stay at the house of Maithi (mother of PW-6 Raju). After some time Madanlal and Bhanwari left for their home. One Sagarnath Jogi at that time was present and with him Smt. Maithi proceeded for Pratap Nagar. While waiting for a city bus, Madanlal, Bhanwari and their sons Pappu and Dilip came from the side of "Dogs Rescue Ward" and started quarreling with Maithi, during which accused Pappu gave 'gupti' blow to Smt. Maithi. Madan, Bhanwari and Dilip gave some punches and slaps. Looking to quarrel taken place, certain neighbours Shankarji, Bhanwari, Gopal etc. came to the spot and tried to take care of Smt. Maithi who suffered with a 'gupti' injury. Smt. Maithi then was taken to her home where she died.
(3.) On basis of the information aforesaid a case was lodged and investigation was initiated for commission of the offences punishable under Sections 302 and 324/34 IPC. On 3.5.2003 a charge sheet was filed against Pappu Ram with the charges relating to commission of offences punishable under Sections 302, 323/34 IPC and 4/25 Arms Act. Other accused viz. Madanlal, Bhanwari Devi and Dilip were charged for commission of offences punishable under Sections 302/34, 323 or 323/34 IPC. On denial of the charges, regular trial was conducted.;