Shiv Kumar Sharma, J. - (1.) The seven appellants before us are members of one family. They were indicated for having committed murder of Ghasi Lal before the learned Additional Sessions Judge No.1 Kota in Sessions Case No. 46/92. All were found guilty, convicted and sentenced vide judgment dated 23.2.1996 by the learned Judge as under:- JUDGEMENT_143_LAWS(RAJ)8_2001_1.html All the sentences were directed to run concurrently. Against this judgment of conviction that the appellants have preferred instant appeal.
(2.) Entire structure of the prosecution case is founded on a written report (Ex.P/1) instituted by informant Girraj (PW-2) with the Police Station Itawa on 2.11.1991 at 2.45 p.m. with the averments that on that day his uncle's son Ghasilal (since. deceased) had come to Pipalda Kalan from Kota after attending the Court and when he was standing in front of Gurudwara, the appellants came over there armed with lathies and Gandasies encircled Ghashilal and started beating him. Ghanshyam inflicted a Gandasi blow on the head of Ghasi whereas Dhan raj gave blow with Gandasi on his left thigh. Other five appellants gave beatings with lathies. On being intervened by the informant, Adisal Singh and Aniar Singh, the appellants fled away. The informant thereafter brought Ghasi to the Hospital in an unconscious state and submitted the report. The Police Station Itawa registered FIR No. 178/91 under sections. 147, 148, 149 & 307 Indian Penal Code and investigation commenced. The injured Ghasi was medically examined and was found to have sustained injuries caused by sharp-edged weapon. The injury on the head was referred for X-ray and the second injury on the thigh was found to be simple. Injured Ghasi thereafter was sent to M.B.S. Hospital Kota where he expired on 4.11.1991 and the case was converted into one under section. 302 Indian Penal Code. The Investigating Officer inspected the site. Autopsy on the dead body was conducted. Statements of the witnesses were recorded. Accused were arrested. Weapon of offence were recovered. On conclusion of the investigation charge-sheet was filed. In due course the case came up for trial. Charges under sections. 147, 148, 302, 302/149, 324 & 324/149 IPC were framed. The appellants denied the charge and claimed trial. The prosecution examined as many as 24 witnesses in support of its case. In their statements under section. 313 Criminal Penal Code the appellants denied the allegations. Appellant-Dhan Raj stated that witness Girraj falsely implicated their entire family in the case. However, no witness was examined in defence. Learned trial Judge after hearing final submissions, convicted and sentenced the appellants as indicated here in above.
(3.) We have heard the rival submissions and scanned the record.;