Govind Mathur, J. - (1.) The judgment and order under appeal is dated 21.6.2007, passed by learned Additional Sessions Judge (Fast Track) No. 2, Udaipur, convicting and sentencing the accused appellants as under : Devilal:- Under Section 341 I.P.C.-Simple imprisonment for one month and fine of Rs. 50/-. In default of payment of fine to further undergo simple imprisonment for seven days. Under Section 323/34 I.P.C.-Rigorous imprisonment for one year and fine of Rs. 100/-. In default of payment of fine to further undergo rigorous imprisonment for 15 days. Under Section 302 I.P.C.-Imprisonment for life and a fine of Rs. 200/-. In default of payment of fine to further undergo rigorous imprisonment for one month Maganlal:- Under Section 341 I.P.C.-Simple imprisonment for one month and fine of Rs. 50/-. In default of payment of fine to further undergo simple imprisonment for seven days. Under Section 323/34 I.P.C.-Rigorous imprisonment for one year and fine of Rs. 100/-. In default of payment of fine to further undergo rigorous imprisonment for 15 days. Under Section 302/34 I.P.C.-Imprisonment for life and a fine of Rs. 200/-. In default of payment of fine to further undergo rigorous imprisonment for one month.
(2.) As per the facts unfolded, on 14.5.2006 Shri Babulal (PW-1) informed at Police Station Falasia that at about 8:00 AM his wife Basudi and son Prem went to Badliwala fields. At about 9:00 AM both returned to home, while weeping. Basudi was having serious injures on her head and she stated that at about 8:15 AM Devilal and Maganlal, both sons of Heera intercepted their way and gave beatings with lathis. On making alarm Narain and Dilip came at the spot of occurrence and intervened in between. Babulal then took Basudi and Prem to the Police Station Falasia by a jeep.
(3.) On basis of the information a case was registered and investigation commenced for the offences punishable under Sections 341, 323/34 Indian Penal Code.;