S.N. Modi, J. - (1.) THESE three appeals, one by accused Kalyan, Daulatram and Sukhpal through their counsel, the second by accused Daulatram and Kalyan and the third by accused Sukhpal, both through jail are directed against the judgment of the Additional Sessions judge, Bundi, whereby he convicted Dauiatram under Section 302 IPC for the murder of Hardeva and Kalyan and Sukhpal under Section 302 and Section 302 read with Section 34 IPC for the murder of Gopiram alias Gopi respectively. Each one of them has been sentenced to under go imprisonment for life.
(2.) THE prosecution case as revealed by the eye witnesses PW 1 Jagannath, PW 7 Balaknath, PW 8 Lorkia end PW 9 Raghunath is like this. The two deceased Gopi and his son Hardeva resided at Banthall. Accused Kalyan and his son Daulatram resided at Neem -ka -kheda. Deceased Gopi's daughter Mst. Rami was married to accused Dauiatram and Mst. Sukpali, daughter of Kalyan, was married to Hardeva Mst. Sukhpali left her husband Hardeva sometime ago and performed a nata marriage with one one Bheru. On 26 -1 -69, the date on which the incident look place, Mst. Rami, who was residing with her husband Daulatram at Neem -ka -kheda, left for her patents' house at Banthali. When Kalyan came to know about it, he along with Sukhpal and PW 9 Raghunath went to the house of Gopi at Banthali at about 12 noon Kalyan was armed with a single barrel muzzle loading gun and Sukapal had kulhari and gandasi with him. On reaching the house of Gopi, all of them along with Gopi and Hardeva sat down on the chabutri situate outside the house of Gopi Kalyan asked Gopi to send Mst. Ram's to his house or to return the ornaments which she brought with her from his house. Hardeva in reply said that neither they would send Mst. Rami nor would they return the ornaments. When these talks were going on, Daularam atmed with an axe suddenly came there. He dealt a blow with the axe on the head of Hardeva and fled away. Hardeva on receiving the blow fell down on the ground. Gopi stood up to go near his son Hardeva. Kalyan thereupon fired his gun at Gopi causing an injury on the left side of the chest just above the nipple. Gopi, in turn, dealt a danda blow on the head of Kalyan. Sukhpal then dealt a blow with the axe on the shoulder of Gopi, Kalyan and Sukhpal thereafter left their weapons on the scene of the occurrence and went away leaving behind Hardeva badly injured and Gopi dead.
(3.) PW 1 Jagannath, PW 7 Balaknath and PW 8 Lorkia who bad witnessed the incident narrated the same to one Kesharilal The latter went to the police station, Dei, situate at a distance of 12 miles from the place of the incident and lodged the First Information Report at 7.30 p. m. The first informant, however, could not be examined as he expired before the trial commenced. The Station House Officer, Dei, reached the scene of the occurrence and as Hardeva's condition was serious, he took Hardeva to Bundi in his jeep car. Since Hardeva's condition became very serious in the way, he got his dying declaration recorded by PW 11 Shri Kishen, Pradhan, Panchayat Samiti, Nenwa, which is Ex. P 26 on the record Hardeva was brought to the Bundi Hospital and from there he was taken to Kota for treatment, but he expired before he reached Kota. PW 2 Dr. Jai Gopal Arora conducted post -mortem examination on the dead bodies of Gopi and Hardeva. He found the following injuries on the body of Gopi: 1. One abrasion 3/4" W x 1/4" above the right shoulder joint. It is oblique in direction. 2. One incised wound semilunar in shape on the back of the right shoulder joint, 2" away from the lateral end of the right clavicle -length 2" x breadth 1 1/2" x 1/2" depth. 3. One incised wound on the right side of scalp oblique in nature 1/2" length x 1/4" depth x 1/2" breadth on the right side scalp, 4" away from right ear, 4" away from the posterior occipital protuberance. 4. wound of entry situated on the left side of chest just above the nipple size 1" x 3/4" x oval shape The edges of the wound are inverted, bruised, irregular and lacerated;