- (1.) THREE brothers, namely Mahaveer, Raju and Vinod being sons of Devi Lal, were nominated as accused in written report (Exhibit -D/2) submitted by Kanwar Lal (P.W.9) before Sub -Inspector Leeladhar (P.W.12), posted at Police Station Itawa, District Kota. On the basis of written report (Exhibit -D/2), a formal FIR (Exhibit -P/36) was registered for the offences under Sections 307, 323 and 302/34 IPC. The investigating agency on the basis of written report concluded its investigation and found all the three accused named therein guilty of offence of murder and submitted the report. The report of investigation along with the accused was committed to the court of Sessions and the trial was entrusted to the court of Additional Sessions Judge (Fast Track) No.1, Kota.
(2.) THE trial court came to the conclusion that all the appellants are guilty of offence under Section 447, 323 or 323/34, 324 or 324/34, 307 or 307/34 and 302 or 302/34 IPC. Having convicted the appellants for the said offences, vide impugned judgment dated 31.3.2006, the trial court vide a separate order of even date, sentenced them as under: - U/s 447 IPC - to undergo three months' R.I. U/s 323 or 323/34 IPC - to undergo one year's R.I. U/s 324 or 324/34 IPC - to undergo two years' R.I. U/s 307 or 307/34 IPC - to undergo seven years' R.I. and to pay a fine of Rs. 3,000/ - each, in default of payment of fine, to further undergo six months' R.I. U/s 302 or 302/34 IPC - to undergo life imprisonment and to pay a fine Rs. 10,000/ - each, in default of payment of fine, to further undergo one year's R.I. All the sentences were ordered to run concurrently.
(3.) AGGRIEVED against their conviction and sentence, two appeals have been preferred before this Court. Mahaveer and his brother Vinod have instituted D.B. Criminal Appeal No.382/2006, whereas Raju has preferred D.B. Criminal Appeal No. 564/2006. Since in both the appeals, same judgment is impugned, we shall decide both the appeal together by this common judgment. As stated earlier, criminal proceedings were set into motion on the basis of written report (Exhibit -D/2) presented by Kanwar Lal (P.W.9). The said written report when translated into English, reads as under: - "Application for registration of case dated 18.2.2005 To SHO, Police Station Itawa. Sub: for registration of case of murder. Sir, In reference to subject above, it is submitted that today on 18.2.2005, at about 5:30 PM, in our field at Rohili, I, my wife Kanya Bai, my son Ghanshyam, my daughter Rukmani, my son's wife Lalita, were harvesting our mustard crop. Raju s/o Devi Lal, Vinod s/o Devi Lal and Mahaveer s/o Devi Lal having neighbouring field, came armed. Raju was armed with gandasi, Vinod was armed with dhariya and Mahaveer was armed with Kutiya. With common intention, they opened murderous assault upon us. Raju gave a gandasi blow on the head of my wife, Kanya Bai. Vinod gave a dhariya injury on the head of my son Ghanshyam. I, my daughter and my daugher -in -law came ahead to save them. Then Mahaveer gave beating with Kutiya to us and caused injuries on the head of my daughter, Rukmani Bai and in the head of Lalita. I received injuries on my feet. The above said persons in order to forcibly take possession of our land, has caused injuries due to which my wife Kanya Bai has died. My son, daughter and daughter -in -law have received injuries. I have brought them to Itawa hospital. The report is presented before yourself for necessary action. Applicant Kanwar Lal s/o Nenki Lal by caste Mali, aged 55 years, r/o Peepalda Kalan, P.S. Itawa, District Kota.";