GOPAL KRISHAN VYAS, J. - (1.) THE instant cr. appeal has been filed by the accused appellants under Section 374 Cr.P.C. to challenge the judgment dated 3.7.1990 passed by the learned Sessions Judge, Banswara in Sessions Case No.27/87 whereby the accused appellant Ashok was convicted for offence under Section 304 Part II and under Section 458 IPC, so also, the accused Ranchore and Ganga Ram were convicted for offence under Section 458 IPC. The trial Court passed following sentence against them, which reads as under: JUDGEMENT_56_LAWS(RAJ)5_2015.htm
(2.) AS per brief facts of the case on 24.1.1987 at about 11.05 p.m. upon verbal report of Dhulji (deceased) an FIR was registered at Police Station Lohariya in which complainant Dhulji alleged that today at about 10 p.m. when he was in his house alongwith his wife Smt. Ratan Bai, mother, brother Raghunath and two children, his brother Raghunath was taking food, all of sudden all the 3 accused appellants opened and entered in the house and assaulted them. In the FIR, it is stated by the Dhulji that accused appellant no.1 Ashok dragged him out of house and gave beating by Lathi and on account of Lathi blow on his head, his condition become serious. As per further allegation, the accused Ashok tried to give further blow by knife but one Gangaram caught hold him. In the incident Smt. Ratan Bai wife of Dhulji and brother Ruga Ram were also assaulted by the accused Ranchore and Ashok by Lathi.
(3.) UPON aforesaid information, the SHO Police Station Lohariya District Banswara registered the FIR (Ex.P/24) on 24.1.1997 at 11.00 p.m. against all the accused appellants under Section 452 and 323 IPC and recorded the statement (Ex.P/25)of complainant Dhulji under Section 161 Cr.P.C. on the same day in which he has reiterated the allegation leveled in the FIR. On commencement of investigation, the injured persons were brought to the hospital but on 25.1.1987 at about 2.45 a.m., deceased Dhulji was examined and injured Raghunath and Smt. Ratan were examined at 2.30 a.m and 2:15 am respectively. by the medical officer, MG Hospital, Banswara. The injury reports Ex.P/20 of Dhulji, Ex.P/21 of Raghunath and Ex. P/22 injury report of Ratan W/o deceased Dhulji were prepared but complainant Dhulji died at 6:30 am, therefore, post mortem of his body was conducted by the medical jurist at about 9.45 a.m. on 25.1.1987 and post mortem report (Ex.P/23) was taken to the Investigating Officer.;