Govind Mathur, J. - (1.) By the judgment dated 31.7.2004 learned Additional Sessions Judge (Fast Track), Rajsamand, camp Udaipur convicted the accused appellants for an offence punishable under Section 302/34 Indian Penal Code and sentenced them to undergo life term imprisonment with a fine of Rs.1000/- each. In the event of default in payment of fine they were made liable to undergo additional imprisonment for a period of three months. To question correctness of the judgment aforesaid this appeal is preferred.
(2.) The factual matrix necessary to be noticed is that a criminal case was lodged at Police Station Bekaria District Udaipur against the present appellants for commission of offence punishable under Section 302/34 Indian Penal Code, by acting upon the information (Ex.P-1) provided by Smt. Kastu Bai (PW-14). As per the information drawn Surtaram, husband of Kastu, went to a "Bhopa" on 24.11.2003 to verify the reason of causing death of his lamb. Kastu (PW-14) while passing through a 'nala' heard some noise and found that Lalaram and Sona were beating her husband Surtaram with axe and lathi. On seeing her, the accused persons fled from the spot. The informant lady then went to her house and returned in morning to the place of occurrence, where dead body of Surtaram was lying.
(3.) During the course of investigation the investigating agency arrested the accused persons and at their instance recovered blood stained axe and a lathi. The axe and the lathi recovered were sent to the Forensic Science Laboratory for their serological examination along with certain other articles including muffler and shrit of the deceased. As per the Forensic Science Laboratory report (Ex.P-22) the axe, lathi, mufler and shrirt were found stained with "B" group of blood. An autopsy was conducted on the body of deceased Surtaram which was having following ante-mortem injuries: 1. Incised wound - 3/4' x 1/4" extending to teeth, breaking the lower incisors and gum, lower jaw, lot of blood fluid oozed from the mouth. Injury is dangerous in nature and caused by blunt weapon. 2. Incised wound of size 1/4" x 1/4" and muscle deep present appr. 1" far from injury No. 1 on right side of lower jaw caused by blunt weapon, grievous in nature. 3. Cut wound on left ear - left ear, from the middle, totally cut by sharp weapon, blood clot present around the wounds, dangerous in nature. 4. Bruise- 5" x 1/2" present on right side of chest. Simple in nature. 5. Bruise-7" x 1/2" present below injury No. 4 extending to left side also. Below this another bruise of .......present obliquely below injury No. 5 Both simple. 6. Another bruise of size - 5" x 1/2" present above extending from right side of the left side. 7. Abrasion- 11/4" x 1/4" over right forearm below wrist, simple. 8. Abrasion 1/2" x 1/2" on shin of right leg, simple in nature. The cause of death given was shock and coma because heavy bleeding caused by injures No. 1, 2 and 3.;