- (1.) THE appellants, Kanha and his two sons, namely, Jagdish and Raju, aged 32 years and 20 years, respectively, were sent for trial having committing the murder of Lala on 20.1.2007, at about 4:30 AM in the morning, in the fields of Lala. They have been further tried for causing injuries to Amar Lal (P.W.1), son of Lala. The trial court vide impugned judgment dated 17.4.2008, held all the three accused -appellants guilty for the offences under Sections 302/34 and 325/34 IPC.
(2.) THE trial court having convicted the appellants for the aforesaid offences, vide a separate order of even date sentenced them as under: U/s 302/34 IPC - to undergo life imprisonment and to pay a fine of Rs. 1,000/ - each, in default of payment of fine, to further undergo three months additional imprisonment. U/s 325/34 IPC - to undergo two years R.I. and to pay a fine of Rs. 300/ - each, in default of payment of fine, to further undergo one month additional imprisonment.
(3.) THE criminal proceedings, in the present case were set into motion on the basis of written report (Exhibit -P/1) presented by Amar Lal (P.W.1) before Mota Ram (P.W.12), who was then posted as SHO, Police Station Kunhadi. In nut shell, Amar Lal (P.W.1) in the written report (Exhibit -P/1) stated that on the intervening night of 19th and 20th January, 2007, he along with his father Lala ji and one Kamal (P.W.2) son of his uncle, Ram Lal, had gone to fields to guard the wheat crop. The accused, Jagdish and Raju were also guarding their crop in the adjoining agriculture field. The complainant, Amar Lal (P.W.1) was sleeping over the scaffold (Machan) made for observation and his father, Lala was sleeping on the ground. Kamal was sleeping at some distance. On 20.1.2007, at 4:30 AM in the morning he woke up from sleep hearing shrieks of his father and saw that Kanha, Jagdish and Raju were causing injuries to his father. Kanha was armed with axe, Raju was armed with sword and Jagdish was armed with lathi. The complainant, Amar Lal (P.W.1) alighted from the scaffold (Machan) to save his father. Immediately, when Amar Lal alighted from the scaffold, Kanha gave an axe blow on his head. Amar Lal ran to save his life and raised shrieks. Kamal also woke up. He also witnessed the occurrence. The accused were giving beating to his father. Amar Lal came running from the fields to the village and informed Hansraj and Dayaram sons of maternal uncle, about the occurrence. Thereafter, all the three came to the field and took care of his father, Lala. Lot of blood had oozed out of the head of Lala, due to which, Lala died at the spot. He was brought to the hospital at Kota. Amar Lal (P.W.1) had also suffered injuries on the back of his head. Due to removal of the stones, a dispute had arisen with the accused and the accused were keeping the same as grudge, therefore, had given beating.;