KHEM CHAND SHARMA, J. - (1.) THESE two criminal appeals, one by appellant Hari Narayan and another by Vijay Gautam have been filed against the judgment and order dated 22. 2. 99 passed by the learned Additional Sessions Judge No. 2, Bundi, thereby convicting and sentencing the accused appellants in the manner stated below: Appellant Hari Narayan + Under Sec. 302 IPc Life imprisonment. Under Sec. 452 IPc Five years' rigorous imprisonment with a fine Rs. 1000/-, in default thereof, to further undergo rigorous imprisonment for one year Appellant Vijay Gautam + Under Sec. 307 IPc Seven years rigorous imprisonment with a fine of Rs. 500/- Under Sec. 452 IPc Five years' rigorous imprisonment with a fine of Rs. 500/-, in default thereof, to further undergo rigorous imprisonment for one year
(2.) BRIEFLY stated the facts of these two appeals are that on 7. 6. 97 at 12. 40 PM, PW 6 Kailash Chand Sharma submitted a written report Ex. P/3 at P. H. C. , Kapren alleging therein that his house is situated near the house of appellant Hari Narayan. Some dispute as regards `chabutari' was going on between the parties. As a consequence of the said dispute, on the day of incident, at about 12 in the noon, when the complainant along with his mother and sisters were sitting in the room, appellants Hari Narayan and Vijay Gautam entered inside his room. It was alleged that appellant Hari Narayan, with an intention to kill his father, inflicted a knife blow on the stomach of his father, while appellant Vijay Gautam inflicted a knife blow on his mother. The accused also intended to stab him when he tried to intervene. However, he managed to save himself. The injured were removed to the hospital and were admitted there. On the basis of above written report, police registered a case vide FIR, Ex. P 27, for offence under Sections 452, 307, 323 and 34 IPC and proceeded with the investigation. In the course of investigation, police rushed to the place of incident and prepared site plan, Ex. P. 7 and got injured Shanti Bai medically examined and collected her injury report Ex. P. 29. On 7. 6. 99 at about 6-6. 30 PM injured Ram Charan, father of the complainant died of the injuries. Thereafter, police prepared inquest report Ex. P4. PW 30 Dr. G. S. Vishwanath conducted autopsy on the dead body and prepared post mortem report Ex. P28. The blood stained cloths of deceased were seized vide memo Ex. P. 8. Accused appellants Hari Narayan and Vijay Gautam were arrested vide memos Exs. P16 and P15, respectively. Appellant Hari Narayan furnished information (Ex. P24), while appellant Vijay Gautam furnished information (Ex. P. 25) under Sec. 27 of the Evidence Act as regards recovery of knives. Pursuant to the information furnished by the accused appellants, police recovered two knives which were kept concealed in the house of accused Janardan, who on the asking of appellants, made available the knives to the police and prepared recovery memos Ex. P. 20 and 21. Police also arrested accused Bablu @ Janardan vide memo Ex. P. 19. Accused Bablu furnished information, Ex. P. 26 as regards recovery of one `kattar', which according to him was kept concealed by accused Raju Vyas and in pursuance of this information, police recovered one knife vide memo Ex. P. 22. The police also recovered pent and shirt of accused Vijay Gautam, which he was wearing at the time of incident, vide recovery memo Ex. P. 23. After completion of usual investigation, police submitted a charge sheet against four accused in the court of learned Judicial Magistrate, Ist Class, Keshoraipatan. The learned Magistrate, having found the case exclusively triable by the court of Sessions, committed the case to the court of Sessions. The case came to be tried by the learned Additional Sessions Judge No. 2, Bundi. The learned trial Judge, after hearing counsel for the parties, framed charges under Sections 302, 302/34, 307/34, 452/34 and 120 B IPC. as against the appellants, under Sections 302, 201 and 212 IPC as against accused Bablu @ Janardan and under Sections 302, 193 and 194 IPC as against accused Narayan. The accused denied the charges and claimed to be tried. The prosecution, to prove its case, examined as many as 30 witnesses and got exhibited numerous documents. Thereafter, the accused were examined under Section 313 Cr. P. C. In their explanation, the accused denied to have committed offence and stated that they have been falsely implicated. In defence, the accused did not examine any witness. However, they got exhibited some documents in their defence.
(3.) AT the conclusion of trial, the learned Additional Sessions Judge while acquitting accused Bablu @ Janardan and Narain of the offences charged with, found the accused appellants guilty for causing death of deceased and accordingly convicted and sentenced the appellants as already indicated hereinabove. Hence these two appeals by the appellants. We have heard learned counsel for the parties and have gone through the judgment under appeal and the evidence on record. Before we proceed further, it would be appropriate to discuss the evidence of eye witnesses. ;