- (1.) ONE Roopa Jat lodged an F.I.R. in the, police station Chohtan, District Barmer, on 16th September 1980, alleging that Harji s/o Bhagwan has informed him that Shera, Pola, Chautha, Ugra, Ishna, Sona, s/o Harchand, Deva s/o Lalal Jattan have beaten sanwakr s/o sons Jat of Taratara village, who has come to take water from the well of village Tara -tara, seven accused persons who were on the well, came near Sanwala and starting beating him. In doing so, Shera caught hold of Sanwala and Sona gave lathi blow on the head of Sanwala. On account of it, Sanwala fell down. Thereafter, Ugra and Pola gave lathi blows and, Chautha, Ishra, Deva gave fists blows. Sanwala became unconscious and was being taken to hospital but he breathed his last at the bus stand Sanwlor.
(2.) AFTER investigation, the police committed seven persons accused under Sections 148, 147, 302, 302/149, 302/147, I.P.C. After the committal proceedings, seven accused persons were tried by the learned Sessions Judge. Balotra, who examined as many as 17 prosecution witnesses, namely, Harji (P.W. 1), Shna (P.W. 2), Dera (P.W. 3), Mangal Singh (P.W. 4), Amarsingh (P.W. 4), Ganesha (P.W. 6), Smt. Tulchi (P.W. 7), Pokar (P.W. 8), Bhikha (P.W. 9), Dr. Nimraj (P.W. 10), Deepa (P.W. 11), Hira (P.W. 12), Rau (P.W. 13), Chima (P.W. 14), Roopa (P.W. 5), Bhagwan Singh (P.W. 16), and Jogaram (P.W. 17). The prosecution also produced and got proved a number of documents, viz., Memo of discription of dead body of Sanvala (Ex. P. 1). Receipt of Seizure Memo of blood stained clothes of deceased Sanwala (Ex. P. 2) receiving the dead body (Ex. P. 10) Memo of site inspection (Ex. P. 3), site plan (Ex. P. 4), Seizure memo of a 'Angocha' (Towel) of deceased Sanwala (Ex P. 5). Seizure memo of shoe of deceased (Ex. P. 6), Seizure memo of blood smeared and control soil (Ex. P. 7), Recovery memo of one Lathi at the instance of accused Shera (Ex. P. 8) Recovery memo of blood smeared one shirt and one 'tevola' at the instance of accused Shera (Ex. P. 9), Recovery memo of two pieces of lathi at the instance of accused Devi (Ex. P. 10), Statement of Shri Pokar in police (Ex. P. 11), Post mortem report (Ex. P. 12), Statement of Shri Chima i(sic) police (Ex. P. 13) Arrest and personal search memo of accused Chautha (Ex. P. 14), Arrest and personal search memo of accused Doonga (Ex. P. 15), Arrest and personal search memo of accused Sona (Ex. P. 16), Arrest and personal search memo of accused Pola (Ex. P. 17) Arrest and personal search Memo of Issara (Ex. P. 18), Arrest and personal search memo of Accused Deva (Ex. P. 19), Arrest and personal search memo of accused Shera (Ex. P. 20), Written report by Roopa to S.H.O. Police Station Chautha (Ex. P. 21), memo of information regarding Lothi, shirt and 'Tevala' by accused Shera (Ex. P. 22 and P. 23) respectively, memo of information regarding lathi by accused Deva (Ex. P. 24), Memo of information regarding lathi by accused Sona (Ex. P. 25), Recovery memo of lathi at the instance of accused Sona (Ex. P. 26) Memo of information regarding 'Panjali ka Tatta' by a accused Chautha (Ex. P. 27) Recovery memo of blood stained 'Panjali ka Tatta' at the instance of accused Chautha (Ex. P. 68), Statement of Hira in Police (Ex. P. 29) Statement of Deepa in Police (Ex. P. 30). First information report No. 62 lodged by Roopa at police station Chauhtan (Ex. P. 31), Letter of S.P. Barmer to the Chemical Sxaminer SMS College, Rajasthan Jaipur (Ex P. 32), Report of the Serologist and Chemical Examiner Government of India, Calcutta (Ex. P. 33).
(3.) ACCUSED denied allegations but did not produce any defence evidence. On the conclusion of the trial, after hearing the arguments, the learned Sessions Judge convicted Sonaram and Shera, the present appellants, under Section 302 read with Section 34, I.P.C. and sentenced them to life imprisonment, against which these appeals have been filed. The learned Sessions fudge acquitted all other five accused persons. While doing so, the learned Sessions Judge held that prosecution has examined seven eye witnesses, but out of them six are wholly unreliable and only one witness namely Harji (PW 1) is partially reliable. Placing reliance upon the testimony of Harji (PW 1), who was corroborated by the medical evidence and also the recovery of blood stained lathis from these two appellants the conviction was recorded against the present appellant.;