GOVIND MATHUR, J. - (1.) THE appellants question correctness of the judgment dated 01.12.2005 rendered by Additional Sessions Judge (Fast Track) No.1, Bhilwara in Sessions Case No.29/2005 recording their conviction for the offences punishable under Sections 302/34 and 341 Indian Penal Code. For the former offence each appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs.2000/ - with default stipulation and 15 days simple imprisonment for latter offence.
(2.) FACTUAL matrix of the case as unfolded by the prosecution during the course of trial is that an oral statement made by Shri Chhagana before the Assistant Sub Inspector Bhanwar Khan on 4.1.2005 at Community Health Centre, Mandalgarh was reduced in writing and as per that Chhagana was living with his sons viz. Jamna and Gopal from last about 15 years in village Khachrol. In day hours of 4.1.2005, he proceeded by bus for Adsipura to meet his elder son Nanda. His travel was in bus upto Jityapur and then on foot. While on way from Jityapur to Adsipura, at about 04:00 PM, accused Chhotu, Amba, Shankar and Hardev, armed with sticks came and attacked on him. Few Gwalas witnessed the incident, but no one came for his rescue. The accused after giving beating to Chhagana fled from the spot. After some time Nanda, elder son of Chhagana came and took him to the hospital. On basis of the statement made by Chhagana, a case was registered at Police Station Bigod and investigation commenced. In early hours of 5.1.2005 Chhagana died, thus, the investigation was launched for the offence punishable under Section 302 Indian Penal Code. During the course of investigation the corpus of Chhagana was subjected to an autopsy and as per report (Ex.P/16) of that the corpus was having following injuries: - 1.Lacerated wound ­ 1/2" x 1/4" x bone deep, edges retracted swollen over right leg. 2.Lacerated wound ­ 1/2" x 1/4" x bone deep, edges retracted swollen over left leg. 3.Abrasion ­ 1" x 1/2" in size, dark brown in colour. 4.Deformity with swelling ­ 4" x 2" in size, reddish blue in colour over right forearm near wrist. 5.Deformity with swelling ­ 4" x 2 1/2" in size, reddish in colour over left forearm near wrist. 6.Lacerated wound ­ 1/2" x 1/4" x bone deep over left elbow, perfr. surface, edges swollen retracted. 7.Abrasion ­ 1¼" x 1/2" in size, reddish in colour, over left arm.
(3.) THE corpus was also found with fractures in the bones referred below: - 1.Right tibia, fibula 2.Left tibia, fibula 3.Right radius ulna 4.Left radium ulna 5.Left humerus ;