- (1.) This appeal has been filed by the appellant Nanak Ram against the judgment of learned Sessions Judge, Bikaner dated 1.10.1990, convicting the appellant for offence under Section 302/149 IPC, and sentencing him to imprisonment for life along with fine of Rs.500/- in default to undergo one year's rigorous imprisonment, at the same time also convicting him for offence under Section 148 and sentencing to six months' rigorous imprisonment, under Section 447 sentencing to two months' rigorous imprisonment, under Section 324/149 sentencing to one year's rigorous, imprisonment and also convicting under Section 323/149 and sentencing to three months' rigorous imprisonment. All substantive sentences were made to run concurrently.
(2.) In this case, there were six more accused persons, and on filing of the charge-sheet against those six accuseds, the matter was committed and they were tried vide Sessions Case No.68/83, however, since this appellant was absconding in his matter Challan was subsequently filed.
(3.) The facts of the case are, that on 29.5.83 at 11 AM some unknown person made a telephonic call at the Police Station Nokha, to the effect, that near village Somalsar, there has been a quarrel, wherein one person has died and some have been injured. The information being incomplete, P.W.13 Aste Ali SHO made a report on the Roznamcha (Ex.43) and went on the site. There he found Shera Ram in injured condition, and dead body of his brother being Shivji Ram to be lying. This SHO recorded statement of Shera Ram (Ex.P/29) and obtained his signature, and then sent those statement to the Police Station for registration of regular FIR, whereon FIR (Ex.P/44) was registered. He prepared site plan (Ex.P/3), site inspection note (Ex.P/45), inquest report (Ex.P/5), and sent the dead body for post mortem. Blood stained earth and control earth was recovered vide Ex.P/6, the weapons Jaees lying on the site were taken into possession vide Ex.P/7, which was two in number and in broken condition. Footwear of the victims were also available there, which were taken into possession vide Ex.P/8, wearing apparels of deceased Shivji Ram were taken into possession vide Ex.P/9. After completing the necessary investigation, on the accused appellant being arrested, challan was filed in the Court of Munsiff and Judicial Magistrate, Nokha wherefrom the case was committed to the trial Court.;