- (1.) ABOVE titled two criminal appeals by three accused appellants arise out of the judgment and order dated 6.3.1999 passed by the Additional Sessions Judge, Kotputali (Jaipur) convicting and sentencing the appellants in the manner stated below: Appellants Kalu Ram Under Sec. 302 IPC Life imprisonment with a fine of Rs. 500/- in default of payment of fine, to undergo further 3 months rigorous imprisonment Under Sec. 307/149 IPC Seven years rigorous imprisonment with a fine of Rs. 500/- in default of payment of fine, to undergo further 3 months rigorous imprisonment Under Sec. 147 IPC rigorous imprisonment for one year Appellant Chhotu + Under Sec. 302/149 IPC Life imprisonment with a fine of Rs. 500/- in default of payment of fine, to undergo further 3 months rigorous imprisonment. Under Section 307/149 IPC Seven years rigorous imprisonment with a fine of Rs. 500/-, in default thereof, to further undergo three months rigorous imprisonment Under Section 147 IPC Rigorous imprisonment for one year Appellant Ashok + Under Sec. 302/149 IPC Life imprisonment with a fine of Rs. 500/- in default of payment of fine, to undergo further 3 months rigorous imprisonment Under Sec. 307/149 IPC Seven years rigorous imprisonment with a fine of Rs. 500/-, in default thereof, to further undergo three months rigorous imprisonment. Under Sec. 147 IPC Rigorous imprisonment for one year
(2.) ALL the sentences were ordered to run concurrently. These two appeals arise out of the same judgment in Sessions Case No. 42/96, therefore, they are being disposed of by a common judgment. According to the prosecution case, PW 3 Prahlad Sahai Khatik, a resident of village Kariri lodged a report Ex. P/1 at Police Station Shahpura on 14.7.96 at 7.30 p.m. alleging therein that his elder brother Nand Kishore had a grocer stall near the temple of Ramdeoji. Some dispute with accused Kalu Ram and Raju was going on in the matter of stall. At about 5.30 p.m. all the four accused, namely, Kalu Ram, Chhotu, Raju and Ashok came at their stall and asked Nand Kishore as to why he had installed the stall. Nand Kishore, in turn, replied that it was installed at his own land. In the mean time, accused Raju threatened to teach him lesson. Thereafter, appellants Kalu Ram and Ashok caught hold of Nand Kishore, while accused Raju inflicted knife blow on the back of his brother with intent to kill him. Appellant Chhotu gave leg and fist blows. The hue and cries of complainant Prahlad and Jagdish attracted the attention of Arjun, who reached at the spot. Having seen Arjun, the accused ran away. Since the condition of injured Nand Kishore was serious, he was sent to the hospital at Shahpura for treatment in a Jeep, along with Arjun, while complainant Prahlad and Jagdish stayed there. In the mean- time, Bhagirath Mal Khatik, father of the complainant reached there and asked as to what had happened. It was then alleged by the complainant that having seen his father, accused Kalu Ram, Raju Meena, Ashok Meena and Chhotu Khatik started belabouring him. Accused Raju, Chhotu and Ashok caught hold of his father and Kalu Ram Khatik inflicted knife blows on the person of his father, which resulted into his death and the dead body was lying on the spot. The complainant further alleged that the family members of the accused, namely, Prabhati, Bhima, Kailash, Madan and Gajanand had also come at the spot with an intention to assault. On the basis of above report, PW 17 Sita Ram Sharma, Station House Officer of Police Station Shahpura registered a case for offence under sections 302, 307, 323 and 147 IPC vide FIR No. 263/96 and proceeded with the investigation. In the course of investigation, he rushed to the place of incident and prepared site plan, Ex. P/2 and the Inquest report, Ex. P/3. He seized the blood stained cloths of the deceased vide Ex. P/7 and collected blood smeared and controlled soil from the place of incident vide Ex.P/6. The SHO then got conducted autopsy on the dead body by PW 13 Dr. Chandrakant Paliwal and collected the post mortem report Ex. P12. He got the injuries of injured Nand Kishore examined and collected injury report Ex. P13. Accused Kalu Ram was arrested vide memo Ex.P.12/A. On the information, Ex.P.15 having been furnished by accused Kalu Ram, a knife was recovered at his instance vide memo Ex.P.8. Accused Chhotu Ram was arrested vide memo Ex.P.10. On completion of usual investigation, the Investigating Officer submitted a charge sheet against the accused in the court of learned Additional Chief Judicial Magistrate, Shahpura, who in turn, committed the case to the court of Sessions. The learned Additional Sessions Judge, Kotputali, on the basis of evidence and material collected during investigation and placed before it, framed charges against the accused. The accused denied the charges and claimed to be tried.
(3.) IN the course of trial, the prosecution in support of its case examined as many as 18 witnesses and exhibited some documents. Thereafter, the accused were examined under Section 313 Cr.P.C. IN defence, the accused examined three witnesses. At the conclusion of trial and after hearing counsel for the parties, the learned trial court found the accused appellants guilty for causing the death of Bhagirath and injuries to Nand Kishore and accordingly. convicted and sentenced them in the manner indicated above. Hence these two appeals. We have heard learned counsel for the accused appellants and the learned Public Prosecutor and have minutely gone through the evidence and material on record. ;