- (1.) TWENTY -three years ago, on 3.5.1992, at 7:00 PM, in the revenue state of village Salavlia falling within the jurisdiction of Police Station Hindauli, District Bundi, Ram Kunwar s/o Ganpat Gujar received a solitary injury on the head attributed to the appellant, Devkaran @ Radhakishan and died on 5.5.1992 at 9:40 PM at General Hospital, Bundi. In the occurrence, Ramdhan (P.W.6) had suffered one simple injury and Heera (P.W.7) had suffered four injuries out of which three injuries were simple in nature and one injury which was a diffused swelling had resulted into fracture of humerus falling within the ambit of Section 325 IPC.
(2.) IN written report (Exhibit -P/14) dated 4.5.1992, presented by Ramdhan (P.W.6) before Puran Brahm (P.W.13), eight persons, namely Nathulal s/o Ramsukh, Devkaran @ Radhakishan s/o Kajod, Sheoji s/o Kajod, Gheesa Lal s/o Bhagota, Kajod s/o Jagannath, Harji s/o Kajod, Hazari s/o Bhagota and Kajod s/o Bhagota, were named as accused. Kajod s/o Jagannath died during the trial and the proceedings were dropped against him. Sheoji and Harji both sons of Kajod were acquitted by the trial court.
(3.) THE trial court vide impugned judgment dated 17.8.2006, held Kajod s/o Bhagota and Devkaran @ Radhakishan s/o Kajod guilty of offences punishable under Sections 148, 302, 325/149 and 324/149 IPC. The remaining accused Hazari s/o Bhagota, Gheesa Lal s/o Bhagota and Nathulal s/o Ramsukh were held guilty for the offences under Sections 148, 302/149, 325/149 and 324/149 IPC. Having convicted the appellants for the aforesaid offences, the trial court vide a separate order of even date sentenced them as under: - U/s 148 IPC - to undergo two years R.I. U/s 302 and 302/149 IPC - to undergo life imprisonment and to pay a fine of Rs. 1,000/ -, in default of payment of fine, to further undergo one month S.I. U/s 325/149 IPC - to undergo two years R.I. and to pay a fine of Rs. 1,000/ -, in default of payment of fine, to further undergo one month S.I. U/s 324/149 IPC - to undergo two years R.I. and to pay a fine of Rs.1,000/ -, in default of payment of fine, to further undergo one month S.I. The impugned judgment of conviction and order of sentence has been made subject matter of two appeals. Nathulal has preferred D.B. Criminal Appeal No. 873/2006, whereas Devkaran @ Radhakishan, Gheesa Lal, Hazari and Kajod have instituted D.B. Criminal Appeal No. 915/2006, to assail their conviction and sentence. Both the appeals shall be decided together.;