L.S.MEHTA, J. - (1.) BY his judgment, dated Decembar 6, 1967, Sessions Judge, Partabgarh, has convicted the accused Uda Barad and Laxman for the offence of murder of Mst. Laduri w/o Pyara Meena, aged about 45 years, under Section 302/34, I.P.C., and sentenced them to imprisorment for life each. They have also been convicted under Section 363, I.P.C., for kidnapping Mst Raji d/o Pyera, aged about 16 years, and sentenced to rigorous imprisonment for two years each. They were further convicted under Section 142, I.P.C., and sentenced to rigorous imprieonment for one year each. The accused Laxman has also been found guilty under Section 392, I.P.C., for taking away a silver 'Hansali' of Mst. Rajki and sentenced to rigorous imprisonment for three years. The appellants Hariram and Onkar have been convicted under Section 302/149, I.P.C , and each of them has been sentenced to imprisonment for life. They have further been convicted under Section 363, I.P.C., and sentenced to two years' rigorous imprisonment each. They have also been held guilty under Section 148 I.P.C, and a sentence to one year's rigorous imprisonment has been imposed on each of them The aforesaid sentences have been directed to run concurrently. Against the above verdict the four convicts have taken the present appeals.
(2.) THE material facts of the case as alleged by the prosecution are that on March 54, 1967, at about 2 a m. 40 to 50 persons, mostly belonging to the village Jethiya Khedi, assembled and went to the village Borwana, which is at a distance of about 9 miles from the police station, Partabgarh. They were armed with guns, daggers, lathis ete. They wanted to take away by force, P.W. 3 Mst. Rajki, daughter of Pyara. This they decided to do by way of retaliation as the accused Laxman's wife had been taken away by the deceased Pyara's nephew Nagji and subsequently by his another nephew Vajja, P.W. 14. The accused first went to Hamji's house, situat at No. 8 in the site plan Ex. P 5. Some of the accused including Hariram, and Onkar appellants, asked 'Biris' from Hamji He got up to give them 'Biris' but hid himself at the place marked No. 7 in the plan The place marked 3 is where Rakma, Lambra and Vajja were sleeping Lambra, P.W. 6. was injured. Then some of the assailants went to the place marked No. 1 in the map. There they pulled out Mst. Rajki. Her mother Mst. Laduri offered resistance, but she was done to death. Thereafter they proceeded to the place, marked No. 2 in the plan and removed a she -buffalo and its young one after cutting the ropes with which they were tethered. Then some of them proceeded towards the place marked No. 4 in the above document, wherein Chokhla and Pyara were sleeping. On hearing gun fire reports, both of them got up and were stunned to see a large number of people surrounding them. They, in order to escape impending danger, ran away from the 'Pathshal'. Chokhla concealed him self at the place marked No 6 in Ex. P. 5 and Pyara ran away towards point No. 5. Some of the miscreants pursued Pyara and fatally wounded him, as a result of which he died instantaneously. Chokhla also sustained certain gun shot injury on the backside of his bead when he was being chased by the attackers. Mst. Rajki P.W.3, was taken by force to the village Jethiya Khedi She was keptin the house of the accused Amra for sometime. The accused Laxman took out from her neck silver 'Hansali' Ex. 6, which she was wearing. Next day morning she availed herself of an opportunity of making good her escape and succeeded in reaching her in -law's house in the nearby village Atinera. First information report of the occurrence was lodged by Arjun Singh P.W. 7 with the police station, Partabgarh. Thereupon the police registered a case under Sections 148, 302/149/34, 380, 364 and 109; I.P.C., and took up investigation Description memo Ex. P. 4, site plan Ex. - P. 5, recovery memo of the 'Hansali' Ex. P. 16, inquest reports Ex. S.P. 18 and P. 19 and other requisite documents were prepared. Post -mortem examination of the dead body of Mst. Laduri was conducted by Dr. Kamal Nayan, Medical Officer, Partabgarh, on March 25, 1967. Followding injuries were found on her person: 1. Stab wound right II intercostal space 2' from the mid -sternal line. 'X 'X deep penetrating into thoracic cavity. 2. Incised wound 1 'X 'XI' right chest wall near axilla. 3. Incised wound 1 'X 'X' forehead near hair line in middle. 4. Incised wound 1 'X 'X' right, arm anteriorty in middle. In the opinion of the Doctor the cause of her death was internal haemorrhage into the pleural cavity and shock, produced as a result of tear into the right lung and rib fracture caused by stab wound over the right inter -costal space. All the injuries were ante -mortem and were caused by a sharp edged weapon. Injury No. 1 to the rib and the lung was grievous in nature. Injury to the lung was sufficient in the ordinary course of nature to cause her death The dagger Ex. 7, shown to the Doctor, was capable of causing such injuries. The Doctor also conducted the post -mortem examination of the dead body of Pyar. Following injuries were found on his person: 1. Incised wound on the top of the scalp 7 'XI 'X'. 2. Incised wound left occipital region 3 'X 'X'. 3. There is a wide area of contusion left chest wall back below the scapuls l0 'X7'. All the injuries were ante -mortem. Injuries Nos. 1 and 2 were caused by a sharp edged weapon. Injury No. 3 was caused by a blunt object. Injury No. 3 was sufficient in the ordinary course of nature to cause his death. In the opinion of the Doctor the victim must have died immediately after receiving the injuries,
(3.) THE Doctor also examined Chokhls. The following injury was found on his person: A circular would lacerated 1/10' in diameter and 1/3' deep on the right occipital region caused by a fire arm. Nature of the injury was simple. On X'ray examination a small radio opaque thing was seen in the right occipital region probably a shot. Duration of the injury was about 40 hours. The same day the Doctor examined Lambra. He noticed the following injuries on his person: 1. Incised wound 1 X' X' on the left fore -arm posterior aspect ' above the wrist caused by sharp weapon. 2. Contusion 2 'XI' on the left scagular region caused by blunt weapon. ;