J.R.CHOPRA, J. - (1.) THESE two appeals one filed by the State of Rajasthan and the other filed by the accused -respondents arise out of the same judgment rendered in Sessions Case No. 22 of 1984 by the learned Sessions Judge, Churu on 22nd July, 1986 whereby the learned trial Court has held accused Lichhman Das, Bhanwara and Bajrang guilty of the offences under Section 304 part II read with Section 34 I.P.C. for the murder of Shri Hanuman Das and they have further been held guilty of the offences under Section 323 read with Section 34 I.P.C. for causing injuries to Smt. Savitri and Smt. Bhagwani and have been sentenced to seven years' rigorous imprisonment together with a fine of Rs. 500/ - for the offences Under Section 304 P.II r/w Section 34 I.P.C. and to a sentence of three months' R.I. together with a fine of Rs. 200/ - for the offence under Section 323 r/w Section 34 I.P.C. It has however acquitted accused Ram Kumar and Mst. Bakhtawari.
(2.) THE State of Rajasthan has filed the appeal against this judgment firstly against the acquittal of Mst. Bakhtawari and Ramkumar and secondly against their acquittal from the offence under Section 302 read with Section 149 I.P.C.
(3.) HOWEVER , the accused respondents have filed the appeal to set aside the conviction recorded against them as aforesaid. The facts necessary to be noticed for the disposal of these appeals briefly stated are that late Shri Hanuman Das had some dispute with Lichhman Das, his uncle as regards the way to their field. On the fateful date i.e. 1.11.84 when he was returning from Ramu Ram's shop and was going towards his lane, he was accested in the way near the house of Lichhmandas by one Bhanwara. As soon as he was caught by accused Bhanwara, accused Ram Kumar and Mst. Bhagwani came there armed with lauiies and Lichhmandas came there armed with a 'barchhi' where as Lichhmandas's wife Bakhtawari came armed with a 'Jayee' and started beating Shri Hanumandas. On hearing his cries, his sister Smt. Savitri and his mother Smt. Bhagwati came there. Smt. Savitri fell on him and she too was beaten. Not only that, Smt. Bhagwati was also given a beating. It is alleged that one Ganesh Das father of Hanuman Das came there. It was then declared that another enemy has come and he should also be killed and it is alleged that certain people went behind him but they could not inflict injuries to him. Hanuman Das received as many as forty four injuries out of which only two injuries are by sharp weapon and remaining forty two injuries are blunt weapon injuries. One of the sharp weapon injuries has been received in between the left thumb and the index finger measuring 3' x 1/4' x 1/3' and other has been received on the middle of injury No. 32 i.e. on the lower part of the right arm measuring 3/4' x 1/8' x 1/8'. It has been candidly admitted that no injury has been received from the 'Jayee' and there is no stab wound which could have been caused to the injured by the irem prongs of a Jayee. Smt. Savitri has received five blunt weapon injuries which are simple in nature whereas Smt. Bhagwati has received two simple injuries by blunt weapon. The injured were immediately shifted to the B.B. Hospital, Churu and from the hospital a telephone call was received by Jaswant Singh, Incharge of the Police Chowky that Hanuman Das has been admitted to the Hospital in an injured condition. Jaswant Singh thereupon went to the Hospital and recorded the statement of Hanumandas and that has formed the basis for the recording the F.I.R. marked as Ex. P.1.;