Gopal Krishan Vyas, J. - (1.) ALL above three appeals are filed by the accused appellants against the common judgment dated 17.3.2005 passed by the Addl. Sessions Judge (Fast Track), Nagaur in Sessions Case No. 3/2005 by which the learned trial court convicted all the appellants for offence under Sections 302, 302/34, 120B IPC and 201/34 IPC and passed the following sentence, which reads as under: -
(2.) AS per brief facts of the case, the complainant Ram Prasad (PW -15) lodged a written report (Ex.P/26) on 26.9.2004 at Police Station Kuchera camp Rohi Auladan alleging therein that his brother Sita Ram used to live at the Dhani situated in his agricultural field with his family. The wife of Sita Ram developed illicit relation with Sita Ram Meghwal, resident of Chhaprikhurd and due to said illicit relationship dispute arose in between the husband and wife from last 3 -4 years. The complainant further stated that his brother Sita Ram is having two sons Sohan Lal and Mukesh and on 26.9.2004 in the night at about 2.30 PM Sohan Lal and Prem Sukh come to him and informed that in the evening at about 6'O Clock Sita Ram Meghwal came in the Dhani and accused Sugnai W/o Sita Ram asked to bring Siya Ram, Bhagwan Ram and Jawan Ram from village Gaju.
(3.) UPON asking Sohan Ram and Prem Sukh went to village Gaju on motorcycle and brought Siya Ram and Jawan Ram alongwith them. It is alleged that all the persons slept in the Dhani and in the night at about 1.30 am Sohan and Prem Sukh heard noise of shouting of Sitaram deceased from the roof. Upon hearing Prem Sukh and Sohan went to the roof and saw that Sita Ram Meghwal was inflicting injuries by Barchhi to Sita Ram deceased and Jawan Ram was having an axe in his hand and he was also giving blows by axe.;