SHIV KUMAR SHARMA, J. - (1.) BOTH the appellants Umed Singh and Fool Chand were indicted before the learned Additional Sessions Judge, Kotputli, district Jaipur, in Sessions Case No. 18/92 for hating committed murder of Ram Swaroop. They were found guilty, convicted and sentenced under Section 302 of the I.P.C. to suffer imprisonment for life and fine of Rs. 500/ -. In default to further suffer three months rigorous imprisonment, under Section 328 I.P.C. to suffer three years R.I. and fine of Rs. 200/ -. In default, to further suffer one month's R.I. and under Section 379 I.P.C. to suffer one year R.I.
(2.) ALL the sentences were directed to run concurrently. The synopsis of the prosecution case is this. A written report Ex.P.4 was handed over by Hanuman P.W.4 to the S.H.O., Police Station, Shahpura, stating therein that Ram Swaroop Gujar, Ramjilal Nayak, Jai Narain Nayak and Narain Nayak used to graze goats. On May 18, 1991, when all the above quoted four persons were grazing the goats, one person came to them and distributed 'laddus'. After eating the same, all the four persons became mad and that unknown person escaped with the goats. On being searched, Ramji Lal, Jai Ram and Narayan were found in a mad condition whereas dead body of Ram Swaroop in a naked condition was recovered near the bridge next day in the morning. Police Station, Shahpura, registered a case under Sections 302, 328 and 379 I.P.C. and investigation commenced. Autopsy on the dead body of Ram Swaroop was conducted vide Post Mortem Report Ex. P. 13 by Dr. Surendra Mohan P.W. 7, who did not cope the definite opinion about the cause of death and it was open that the opinion could only be given after receiving the chemical analysis of viscera. Investigating Officer recorded the statements of the witnesses under Section 161 Cr.P.C. The accused were arrested and identification parade was conducted after about 15 days of their arrest. All the accused persons were identified by the two witnesses. On completion of the investigation, charge sheet was filed.
(3.) IN due course the case came up for trial before the learned Additional Sessions Judge, Kotputli, district Jaipur. Charges under Sections 302, 328 and 379 I.P.C. were framed. The accused denied charges and claimed trial. The prosecution examined as many as 21 witnesses in support of its case. In the statement recorded under Section 313 Cr.P.C. the accused pleaded innocence. No witness was examined in defence by the accused. Learned trial Judge on hearing the final submissions, convicted and' sentenced the accused appellants as indicated here -in -above.;