N.N. Mathur, J. - (1.) These appeals are directed against the judgment and order dated 22.4.1995 passed by the Sessions Judge, Dungarpur, convicting the appellants-Harish and Amra, for the offence under section 302 read with 34 I.P.C. and sentence each of them to imprisonment of life find to pay the fine of Rs. 2,000 /- in default further under go one month's simple imprisonment.
(2.) The prosecution case in brief is that on 27.3.1994 PW 1 Kalu lodged a report at police out post Deval stating inter alia that on 26.3.1994 at about 9.00 p.m. he heard the outcry of his brother Walla and his wife PW 2 Gomani and found that they were on the way to their house, behind the house of Boda, returning from village Deval after marketing. PW 4 Laxman and PW 8 Subhash also reached on the spot. Appellant Harish, Hoorji and Amra were shouting. ...[VERNACULAR TEXT OMITTED]... He also stated that Hoorji was armed with lathi and Harish with sharp-edged weapon. He further stated that Amra caught hold of hands of Walla and Harish stabbed with sharp edged weapon like knife in the back. Walla, fell down. They tried to rescue them but Hoorji and Amra assaulted them. Thereafter accused persons ran away. Walla died on the spot. Many villagers assembled on the spot. He also stated there was litigation between deceased-Walla and accused persons. This information was presented before PW 10 Udai Singh at Police Station Sadar, Dungarpur. Police registered a case for the offence under sections 302, 341, 323 read with 34 I.P.C. and proceeded with the investigation. After usual investigation, police led charge sheet against 3 appellants i.e. Harish, Amra and Hoorji for the aforesaid offence.
(3.) The accused persons denied the charges and claimed trial. The prosecution in support of its case examined 10 witnesses. The appellants in their statements under section 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against the appellants proved, and, hence convicted both the appellants as noticed above. The trial Court, however acquitted accused-Hoorji.;