D.L.MEHTA, J. - (1.) BOTH these appeals are directed against the same judgment passed by the learned Additional Sessions Judge, Kota dated 1st October, 1982, in sessions case No 31/1082. by which the learned Additional Sessions Judge, convicted the accused appellant Kailash, for the offence Under Section 304, Part -11, IPC and sentenced to undergo 7 years, rigorous imprisonment and a fine of Rs. 1,000/ -, in default of payment of fine the accused -appellant Kailash, will further suffer 6 months simple imprisonment. The learned Additional Sessions Judge, also convicted accused Kailash for the offence Under Section 331 read with Section 35, IPC and sentence him to under 6 months RI and a fine of Rs. 250/, in default of payment of fine accused Kailash will have to charge two month's simple imprisonment.
(2.) LEARNED Additional Sessions Judge, also convicted accused appellants namely Satyendra and Yogendra, for the offence Under Section 304, Part -II read with Section 34, IPC and sentenced them to undergo 3 year's rigorous imprisonment and a fine of Rs. 500/ - cash. In default of payment of fine they will further undergo 3 month's simple imprisonment. The learned Additional Sessions Judge, also convicted the accused appellant Yogesh for the offence Under Section 334, IPC and sentenced him to undergo 6 months RI and a fine of Rs. 250/ -and is default of payment of fine he will further undergo 3 month's simple imprisonment. The learned Additional District Judge 1, also convicted the accused -appellant Satyendra, for the offence Under Section 324/34, IPC aid sentenced trim to undergo 3 month's rigorous imprisonment and a fine of Rs. 250/ - and in default of payment of fine be will farther undergo 2 months simple imprisonment. It was also directed by the learned Additional Sessions Judge, that all the sentence awarded to the accused appellants shall run concurrently. Prosecution story unfolded during the trial is that on 18th October, 1980 First Information Report, was lodged at Police Station, Bheem Ganj Mandi Kota It was stated therein that in the intervening night of 17/18th October, 1980 all the accused persons came in the Jagaran and a quarrel took -place. It was also submitted that Prakash Chand intervened. It was also stated that Yogeridra was sitting in a shop at a distance of 50 steps and he called Prakash Chand at that time. Accused Kailash and Satyendra and Yogesh were standing near the shop. It was further stated that accused Yogesh and Satyendra, rebuked Prakash and also cought hold him and accused Kailash, inflicted a blow on the right thigh from the back side. It was also stated there in that Prakash Chand, sustained injury on the thumb and he also sustained some abrasions. A case udder Section 307/34, IPO was registered initially. How ever, it was converted in a case Under Section 302/34, IPC. During the investigation Prakash Chand succumbed to his injuries.
(3.) ON behalf of the prosecution Anand Kumar P.W. 7, P.W. 11 Gyarst Lal P.W. 1 Rameshwar Prasad, and P.W. 6 Gurudayal Singh, have been produced as eye witnesses.;