- (1.) This appeal is directed against the judgment dated November 2, 1987 of Sessions Judge, Kota in sessions case No.81/84 whereby he convicted and sentenced the appellants as under :- (i) Under section 302/149 I.P.C.-Imprisonment for life and a fine of Rs. 1000/-. (In default of payment of fine three months R. I.). (ii) Under section 307/149 I.P.C.-Seven years R.I. and a fine of Rs. 1000/-. (In default of payment of fine three months R.I.). (iii) Under section 326/149 I.P.C-Five years R.I. and a fine of Rs. 1000/-. (In default of payment of fine three months R.I.). (iv) Under section 148 I.P.C-Two years R.I. and a fine of Rs. 500/-. (In default of payment of fine one month R.I.). (v) Under section 147 I.P.C-One year R.I. and a fine of Rs. 500/-. (In default of payment of fine one month R.I.). The substantive sentences were ordered to run concurrently.
(2.) In brief, the prosecution case is that on December 23. 1983, P.W.-3 Badri Lal, P.W.-18 Gopal alongwith Phool Chand and Dwarka Lal. P.W.-l Ganshyem, and P.W.-2 Bherulal were coming in bus No. 280 from village Anta to attend the hearing in a murder case at Kota. They started from village Anta it 8 or 8.30 A. M. in bus No. 280. When the bus reached a village S.maliya and vas stopped at the bus stand, the passengers of the bus got down to take refreshment and tea. In the meantime, all the accused appellants are alleged to have climbed in the bus with deadly weapons like sword and dharia and assaulted Badri Lal. They also assaulted P.W.-18 Gopal, Phool Chand and Dwarka Lal. Phool Chand and Dwarka Lal were assaulted in the bus and, thereafter, out-side the bus. Phool Chand and Dwarka Lal died on the spot due to the injuries sustained by them. The prosecution case further is that the then D.T.G. of Kota Region, namely, Shanker Sharan was on tour in the area and P.W.-11 Ram Kumar was also with him. They reached on the spot and found that Phool Chand and Dwarkalal were murdered by some persons. They made enquiries from the persons. They were informed by the persons on the spot that the miscreants had proceeded towards village Meera in a bullock cart after committing murder. Thereupon, D.I.G. Shanker Sharan and P.W.-ll Ram Kumar chased the accused-persons and they found them going in a bullock-cart on the road by the side of the canal. However, they could not be arrested by them. At village Meera. the miscreants were also chased, but they went away to village Bhalampura. The prosecution case then is that D.I.G. sent wire-less message to the concerned police stations. The S.H.O. Asu Singh of police station Sultanpur on getting a wireless message, came on the spot and recorded the statement of the injured Badrilal at 9.25 A. M. on the same day. The said 'parcha-bayan' is Ex. P-4. On the basis of this statement, crime was registered against the accused persons.
(3.) The post-mortem of the dead-bodies of Phool Chand and Dwarka Lal was conducted by P.W.-9 Dr. Shiv Chandra Mishra. As per the post-mortem report, Phool Chand-deceased had sustained 18 incised wounds on the various parts of his body and there was abrasion also. The post-mortem report of Phool Chand is Ex. P-12. The doctor had opined that the injuries sustained by the deceased-Phool Chand were sufficient to cause his death in the ordinary course of nature. The deceased-Dwarka Lal had also sustained 13 incised wounds on the various parts of his body. The post mortem report of Dwarka Lal is Ex. P-ll. The injuries sustained by Dwarka Lal were opined to be sufficient to cause his death in the ordinary course of nature. Dr. Shiv Chandra Mishra also examined the injury of P. W.-18 Gopal vide M.L.R. Ex. P-12. The examination of Gopal was made on 24-12-1983 and as per the report, he had sustained one incised wound 1" x 1/8" on his l.ft thumb. The injury was simple in nature. Similarly, Dr. Chandra Mohan Srivastava examined the injuries of P.W.-3 Badri Lal on 23/12/1983 at Maharao Bhimsingh Hospital, Kota at 4.30 P. M. The M L.R. is Ex. P-18. The X-Ray report is Ex. P-28, Badri Lal had sustained six injuries, which were incised wounds, out of which injury No. 2 and 3 were opined to be grievous in nature. ;