Prakash Gupta, J. - (1.) All the three afore mentioned Instant D.B. Criminal Appeals are related to same incident and arise out of a common judgment therefore, they are being decided by this common judgment.
(2.) These appeals have been filed under Sec. 374 Cr.P.C. against the judgment dated 24/06/2003 passed by Additional Session Judge (Fast Track) No. 1, Kota in Session case No. 22/2003 whereby, the appellants have been convicted and sentenced as under: - "Appellant Rajulal: U/s 302 I.P.C.: - Imprisonment for life and fine of Rs. 5000/ -, in default further 2 years imprisonment; U/s 307 I.P.C.: - 10 years R.I. and fine of Rs. 2000/ -, in default of payment of fine further one year additional imprisonment; Appellant Bherulal: U/s 307 I.P.C. : - 10 years R.I. and fine of Rs. 2000/ -, in default of payment of fine further one year imprisonment; Appellant Kalulal: U/s 307/34 I.P.C.: - 10 years R.I. and fine of Rs. 2000/ -, in default further one year additional imprisonment; U/s 324 I.P.C.: - 2 years imprisonment and fine of Rs. 1000/ -, in default of payment of fine further 6 months imprisonment;"
(3.) The brief facts giving rise to these appeals are that Rughnathi Bai PW1 submitted a written report Ex. P -2 on 29/09/2002 at 3:45 AM which is reproduced as under: -;