- (1.) Appellants Shravan, Brijya alias Brij Mohan, Badri & Lalya alias Lallu Prasad, have challenged the judgment of the trial court whereby each of them stood convicted under Section 302 read with Section 34, IPC, and sentenced to life imprisonment with a fine of Rs.100/-.
(2.) On 6.11.1986, at 2.45 p.m. one Shri Chand Lal informed at the police station Lalsot (Dausa) that when he was coming from Rampura to Lalsot, then Kalu Patel informed that Heera was killed by Shravan, Badri etc., by giving beating at the place near Beharipura Water works. This report is said to have been entered at No. 155 in rojnamcha register. Upon this information, the police was put into motion. Kishan Singh, Incharge Police Station, Lalsot (PW19) reached the spot and recorded statement (Parcha Beyan) of Heera (Ex.P. 19) at 3.25 p.m. in the presence of Kalu Patel, & Gokul. It had been stated in the Parcha Beyan of Heera that he was going on foot to bring oil from Lalsot and at about 1 o' clock he reached near Beharipura Water Works where at a tea stall he was sitting to await a bus but he saw Shravan Meena, Badri Meena, Lalya Meena, Brijya s/o Shravan of Rampura village, coming in a tractor duly armed with lathies; that as soon as they reached near him, Brijya landed lathi blow on his head while Shravan was shouting to finish him. It has further been stated therein that in order to kill him, at the tea-stall, injuries were caused on the hands & legs besides other parts of his body which resulted in sustaining fractures of legs and hands. According to the Parcha Beyan, at the time of causing injuries to him, Gulab Chand, tea stall holder, & Babu Lal Meena of Beharipura had seen scene of occurrence. After beating him, they fled away in the tractor to Lalsot, inasmuch as, Rs.950/- were also taken out of his pocket.
(3.) This recorded statement of Heera (Ex.P.19) was sent through Ram Karan, FC to the police station so as to register the case and chalk out the F.I.R. At 4 p.m. on 6.11.1986, F.I.R. No. 204/86 was chalked out and criminal case was registered at police station Lalsot for offences punishable under Sections 307,379 & 323, IPC. Heera was taken to Jaipur but in the way to Jaipur, near Raduvas river, he succumbed to his injuries. The information of death was given through wireless which was received at 5.45 p.m. Upon the death of Heera, Section 302 IPC was also added. The investigation commenced. After completion of investigation, challan was presented in court for offences punishable under Section 302, 394 & 34, IPC. After committal proceedings, the appellants were charged with offences punishable under Section 302/34, 394/34 & 379/34, IPC. Twenty two witnesses were examined by the prosecution. The appellants were examined under Section 313, Cr.P.C. but they merely deposed that they have been falsely implicated.;