VYAS, J. - (1.) NO doubt, death is certain, whosoever born in this dreary world, has to leave for heavenly abode, but, equally the sad demise is painful, if it takes place at the early age, without any rhyme or reason, without any fault or misdeed and that too, by their own people/inlaws', where she is expected to live safe and secure. A poor young lady, Smt. Pooni, lost her valuable life on December 19, 1996. According to the complainant- party, she was mercilessly killed by Ram Dayal, Mohan Lal and Ramji Lal, whereas, the other part of story is that she has been done to death by their own persons, relatives and complainant party, where she had been residing in a separate room of their house.
(2.) THIS appeal is directed against the judgment dated October 31, 2000, passed by the learned Additional Sessions Judge, Bandikui, district Dausa, in Sessions Case No. 19/2000, convicting and sentencing the accused-appellants Ram Dayal, Mohan Lal and Ramjilal under Section 302/34, IPC, for imprisonment for life and a fine of Rs. 1000/- each, in default of payment of fine, to further undergo six months' rigorous imprisonment; and under Section 458, IPC, two years rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine, to further undergo three months' rigorous imprisonment. All the sentences were ordered to run concurrently. Against this judgment of conviction and sentence, the action for filing the instant appeal has been resorted to by the accused-appellants Ram Dayal, Mohan Lal and Ramjilal. In nutshell, the prosecution story is that on 19. 12. 96, one Jagmohan S/o. Shri Ganpat lodged a First Information Report (Ex. P 43) dated 10. 1. 93 with the Police Station, Lalsot, stating, inter alia, therein that at about 6-7 p. m. he along with his family members was sitting in his house. All of a sudden, Ramjilal S/o Mool Chand, Ramniwas S/o. Mool Chand, Mohanlal S/o. Ramphool, Harikishan S/o. Ramphool, Ramprasad S/o, Ramphool, Ramdayal S/o. Gopal, Smt. Sheopyari W/o. Harikishan and Smt. Prem W/o. Badharam armed with `lathis' and `gandasis', came to his house and started beating. The informant received injuries on his left and right hand. His father Shri Ganpat was also inflicted a number blows on his body. He further stated that his mother also received injuries and his brother-Raju was given serious beating, as a result of which he became unconscious in our house. He also stated in the FIR that his brother Harkesh's wife- Smt. Pooni was also inflicted with a number of blows, as a result of which she also became unconscious and is lying on the death bed. The accused-persons have also broken the doors of their house. There was an old enmity between the complainant-party and the accused- persons and litigation is also going on in between them. Due to that enmity, the persons of the complainant-party were beaten by the accused-persons. Lastly, he stated that he has come to lodge the FIR with great difficulty and the action be taken against the accused in accordance with the law. On the aforesaid report, a case, bearing FIR No. 464/96 under Sections 147, 452, 307, 341, 323 and 427, IPC, was registered and investigation commenced. Site was inspected, Site- plans were prepared. Statements of the witnesses under Section 161, Cr. P. C. , were recorded by the Police. During the course of investigation, Smt. Pooni W/o. Harkesh died, so offence under Section 302, IPC, was also added. Panchnama of the dead body of Smt. Pooni was drawn. Autopsy of the dead body of the deceased was conducted by a Medical Board. Accused-appellants were arrested and at their instance, Gandasi, sickles and `kulhari' were recovered and sealed.
(3.) ON conclusion of the investigation, charge-sheet under Sections 147, 149, 323, 341, 325, 427, 452, 458, 307, 302/149, IPC, was filed against the accused-persons, including the accused-appellants Ramdayal, Mohanlal and Ramjilal in the court of the Judicial Magistrate, Lalsot. The case was committed to the learned Sessions Judge, Dausa, from were it was transferred to the learned Additional Sessions Judge, Dausa. In due course, the learned Additional Sessions Judge, Dausa, framed charges under Sections 147, 458, 302/149, 325/149 and 323, IPC, against the accused appellants, who denied the charges and claimed trial. The prosecution examined as many as 20 witnesses, i. e. , PW. 1 to P. W. 20 and exhibited 55 documents Ex. P1 to Ex. P55. The defence examined 3 witnesses, D. W. 1 to D. W. 3 and, thereafter, the explanation of the accused-appellants under Section 313, Cr. P. C. , was recorded. The accused denied the allegations levelled against them. ;