Banwari Lal Sharma, J. - (1.) THIS appeal has been filed against the impugned judgment of conviction and order of sentence dated 14.03.1990 passed by the learned Additional Sessions Judge, Rajasamand in Criminal Case No. 7/1988 whereby the appellant -accused was convicted for the offences under Sections 304 -II, 447 and 323 IPC and was sentenced as under: - U/s.304 -II IPC: Four years' rigorous imprisonment. U/s.447 IPC: One month's simple imprisonment U/s.323 IPC: Six months' simple imprisonment.
(2.) THE brief facts of the case are that on 08.06.1987, at about 8.45 p.m., one Bhera appeared before the SHO, PS, Rail Magra and submitted a report, on that day, some scuffle took place between his brother Lehru and Mangia, regarding few bundles of grass, said to have been stolen by Manglu. The said incident was reported to him and his younger Kanna by their mother Jamni on which he and his brother Kanna went to Lehru's house and when they were talking to Lehru, Mangia (appellant -accused) came there armed with lathi and gave a blow on the head of Lehru due to which he fell down. Thereafter, he further gave 3 -4 lathi blows on the hands and back of Lehru and when his mother Jamni came to rescue, she was also beaten. On their raising hue and cry, Dalu Nath, Bholi Ram and Ganga Ram also reached there and appellant -accused Mangia ran away from the place. Thereafter, Lehru was taken to hospital and the matter was reported to the police. Thereafter he was referred to the hospital at Udaipur, where he succumbed to the injuries. On the basis of the report, an FIR was registered for the offences under Sections 307 and 323 IPC but after the death of Lehru, the case was converted into Section 302 IPC. After completion of investigation, the police filed charge -sheet for the offences under Sections 302, 323 and 447 IPC. The learned trial court, thereafter, framed charges for the aforesaid offences to which the appellant -accused denied and claimed trial.
(3.) TO substantiate the charges, the prosecution examined as many as 16 witnesses and exhibited documents. Thereafter, the appellant -accused was examined under Section 313 Cr.P.C. in which he stated the prosecution evidence as false and that he has been falsely implicated and did not lead any evidence in defence.;