R.S. Chauhan, J. - (1.) REPORTABLE
(2.) HAVING been convicted for offences under Section 304 Part II IPC read with Section 34 IPC, and sentenced to seven years of rigorous imprisonment, and imposed with a fine of Rs. 1000/ - each, and directed to further undergo one year rigorous imprisonment in default thereof, the Appellants have approached this Court. Brief facts of the case are that on 30th May, 1985, Hazari Ram (PW -6) lodged a report at Police Station Dewatara, wherein he stated that early in the morning around 5:00 -5:30 am, he was going for answering the call of nature. While he was walking, Gopi Ram met him and informed him that he is going to Bhojaram Ki Dhani. After walking for sometime, while Hazari Ram went for his morning activities, Gopi Ram turned towards Bhojaram Ki Dhani. However, immediately thereafter he heard hue and cry of Gopi Ram. He further claims that when he rushed to the place from where the hue and cry was coming, he saw Mohan Singh, Radha Kishan, Mohan Singh's mother Rami and Radha Kishan's wife assaulting Gopi Ram. Immediately, he rushed towards the village where he met Gopi Ram's brother, Mohan Lal. He informed Mohan Lal that Gopi Ram is being assaulted. Instantly, both of them rushed to the rescue of Gopi Ram. When the assailants saw Hazari Ram and Mohan Lal coming to the scene of crime, they ran away. Hazari Ram further claims that when they went and asked Gopi Ram the reason why he was being assaulted, Gopi Ram told them that there was some dispute with regard to the loan amount between him and the assailants. When he and others were trying to take Gopi Ram to the Hospital, Gopi Ram scummed to his injuries.
(3.) ON the basis of the said report, a FIR was chalked out for offences under Section 302 read with Section 34 IPC. Although four persons were named in the FIR, after a thorough investigation, the Police submitted charge -sheet only against the Appellants, Mohan Singh and Radha Kishan, and did not file any charge -sheet against Mohan Singh's mother Rami and against Radha Kishan's wife. In order to buttress its case, the prosecution examined thirteen witnesses, and submitted twenty -seven documents. In order to support their defence, the Appellants examined two witnesses, and submitted few documents. After going through the oral and documentary evidence, the learned trial court convicted and sentenced the Appellants as aforementioned. Hence, this appeal before this Court.;