Shiv Kumar Sharma, J. - (1.) The three appellants namely Dev Narain, Rameshwar and Rugga were found guilty by the learned Sessions Judge. Dausa vide judgment dated June 14, 1995 in Sessions Case No. 41/1994. They were convicted and sentenced as under: 1]. Dev Narain u/s. 302 IPC to suffer imprisonment for life and fine of Rs. 20001 in default to further suffer one year R. I. to suffer one year RI and fine of Rs. 500/- in default to further suffer two months RI. u/s. 324 IPC to suffer six months RI and fine of Rs. 200/- in default to further suffer one month RI. to suffer 2 years RI and fine of Rs. 1000/- in default to further u/s. 323 IPC suffer four months RI. u/s. 452 IPC 2]. Rameshwar u/s. 324 IPC to suffer one year RI and fine of Rs. 500/- in default to further suffer two months RI. to suffer six months RI and fine of Rs. 200/- u/s. 323 IPC in default to further suffer one month RI. All the sentences were directed to run concurrently.
(2.) As per the prosecution version, a written report (Ex. P. 18) was lodged by the informant Ram Swaroop (PW. 11), at Police Station Bandikui on March 22, 1994 at 5.30 a.m. wherein it was alleged that on the previous night at about 8 p.m. Dev Narain came hurling abuses armed with a gun and gave a threatening to shoot but went back to come again with a Pharsi accompanied by Rameshwar, Rugga and two unidentified persons who were armed with Pharsi, Lathi and axe. All of them assaulted and caused injuries to the informant, Kamli, Ram Kumar, Heera, Ganga and Rukko. In the process of making assault they entered inside the house and Dev Narain inflicted Pharsi blow on the neck of Sunita who died on the spot. The incident occurred because of dispute pertaining to digging of a well and it was witnessed by Ladu Ram and Ram Dhan.
(3.) On the basis of the aforequoted report, a case bearing FIR No. 126/94 under sections 147, 148, 149, 323, 452 and 302, IPC was registered and investigation commenced. After completion of investigation charge sheet was filed and in due course the case came up for trial before the learned Sessions Judge Dausa. Charges under sections 147, 148, 323, 323/149,452,324,324/149,302/149 and 302, IPC were framed. The accused denied the charges and claimed trial. The prosecution examined as many as 13 witnesses besides the documentary evidence in support of its case. Thereafter the statements, of the accused were recorded under section 313, Cr. P.C. wherein they claimed innocence and stated that the members of the complainant party assaulted them. The accused examined two witnesses in their defence. Learned trial court on hearing the final submissions convicted and sentenced the three accused as indicated herein above. This verdict of conviction has been assailed by the accused in the instant appeal.;