MOHINI KAPUR,J. - (1.) THE 15 appellants before us have been convicted for the offence under Sections 302 and 148 IPC and in the alternative for Section 302/149 IPC and sentenced to imprisonment for life for offence Under Section 302/149 r.w. 149 IPC, and to six months rigorous imprisonment for the offence under Section 148 IPC. Against this conviction and sentence made by the Sessions Judge, Sundi in Sessions Case No. 91/89 decided on 16th May, 1990, the present appeals have been preferred. It is a triple murder case. The decased in the case are Sobhag, Nand Kishore and Ram, Pratap, who were real brothers and sons of P.W. 1 Roop Lal.
(2.) THE incident, out of which the case arises occurred in the early hours of 16.4.1989 in between the villages Kalmiya and Jar -Khoda which fall under the Police Station Dei in District Bundi. One Behari went to Police Station Dei with the information about the incident and he reported that Sobhag, Ram Pratap and Nand Kishore were lying unconscious on the road between Kalmiya and Jarkhoda with several injuries and that he did not know who were the persons who had given the beating and who gave blows on whom. This information was recorded in the rojnamcha and the S.H.O. Chawand Singh slongwith other police personnel proceeded towards the place of incident. At the site, RoopLalgave a written report, which has been treated as the first information report and according to the version of Roop Lal, his three sons Sobhag, Ram Pratap and Nand Kishore had gone to village Jarkhoda to worship at the Ayot Ji Ka Chabutra as the wife of Sobhag was unwell. When they were returning to village Kalmiya at about 3.00 in the night in the way they met the 15 accused persons who stopped them and inflicted injuries by Kulhadies, Gandasies and Lathies with the result that Sobhag died at the spot and Ram Pratap and Nand Kishore were lying unconscious and they were taken in a bus to the Dei hospital alongwith police constable. Thereafter he narrated that Miya Ram and Raja Ram Kulbedies, Nehnu and Laxmi Narain had Gandasies and the handle of the Kulhadi was inserted in the anus of Sobhag which resulted in profused bleeding and the hands and feat of all the three were broken. For the other accused it was stated that they had given blows by lathies.
(3.) FOR his presence at the place of occurrence, RoopLalstated that when his children did not return to the village inspite of it being very late, he want towards Jarkhoda with others to find but about them and after going some distance, from the village, they saw the accused persons inflicting injuries. The accused wanted to take Ram Pratap to throw him into the wall but whom they saw that others had arrived at the scene, they left him and ran away.;