S.K. Keshote, J. - (1.) Having been felt dis-satisfied and aggrieved of the judgment and order dated 5.3.1998 of the Additional Sessions Judge, Kishangarh, District Ajmer in Sessions Case No. 19/1996, the accused-appellants have directed this appeal u/s. 374 of the Criminal Procedure Code, 1973. The accused-appellants under the impugned judgment and order were convicted by the trial Court for the offence u/s. 302 read with Section 34 IPC and each was sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine each of them was to further undergo six months rigorous imprisonment.
(2.) A criminal case u/ss. 302, 307, 325, 323, 452, 147, 148 & 149 IPC was registered at Police Station, Arai, District Ajmer on 20.3.1996 at 01.15 a.m. against the accused-appellants and Mst. Rami wife of accused, appellant No. 1 and other 5-6 persons on 'parcha-bayan' Ex.P/29 of the deceased-Deva recorded on 19.3.1996 at 11.15 p.m. It was deposed in 'parcha-bayan' Ex.P/29 that when the injured and his son Kishna were in their house, then his son accused-Madhu, appellant No. 1, Shravan son of Teeja and another son of Teeja suddenly attacked and belaboured them by use of lathies. Kishna died on spot and Deva died at the Hospital on the same day.
(3.) The police after making investigation submitted a challan against the accused-appellants including Smt. Rami and Smt. Jamna for the offence u/ss. 147, 148 & 302/149 IPC in the Court of concerned Judicial Magistrate. The learned Judicial Magistrate has taken cognizance of the offences u/ss. 147, 148 & 302/149 IPC and as the case was triable by the Sessions Court it was committed to the Court of Sessions Judge, Ajmer. The Sessions Judge, Ajmer transferred the case for trial and decision to the Court of Additional Sessions Judge, Kishangarh, Ajmer.;