MAHENDRA BHUSHAN SHARMA, J. - (1.) THE two accused appellants Kalu Lal and Gulab Chand have been convicted by the learned Sessions Judge, Jhalawar, under Section 302/34 and 307/34 IPC, in the judgment dated July 30, 1981, in the former count, each of accused has been sentenced to undergo life imprisonment and a fine of Rs. 1,000/ - and in default of payment of fine to further undergo for six months rigorous imprisonment and in the later count each has been sentenced to undergo seven years rigorous imprisonment and a fine of Rs. 500/ - and in default of payment of fine further undergo three months rigorous imprisonment. The substantive sentences under both the counts have been ordered to run concurrently.
(2.) IN brief the facts of the case are that on Sept. 7, 1980, at about 11 a.m. Smt. Pana Bai and Smt. Gulab Bai were going through the fields of Guwart in village Churelia and it is alleged that both the accused persons followed them for about a mile and thereafter told them as to whether they have committed theft of Guwar. Both the accused persons gave blows with their respective weapons to Smt. Pana Bai and Smt. Gulab Bai. Smt. Bhuli Bai PW 2 was also with them and she was also beaten by the accused persons. Accused Kalu is said to be armed with an axe and accused Gulab with a sickle (Dantari). Ram Narain PW 4 and Duli Chand PW 5, who were in the nearby fields, grazing their she -goats, came to wards that side and saw that the accused persons are running -away. It was also seen by them that two ladies Pana Bai and Gulab Bai are lying in the field in a pool of blood. Ram Narain PW 4 went to the police Station Aklera, lodged the first information report and the investigation was set in motion. The autopsy was conducted of the dead bodies of Pana Bai and Gulab Bai by Dr. Ramesh Chandra Dubey PW 6 who found that there were as many as eight injuries on the dead body of Smt. Gulab Bai out of which five were by sharp weapon. In his opinion they could be caused by an axe and were ante -mortem in nature. The injuries were sufficient in the ordinary course of nature to cause the death. There was excessive haemorrhage from the wound of the neck.
(3.) DR . Dubey also conducted the autopsy of the dead body of Pana Bai and there were as many as ten injuries, all by sharp weapon and could have been caused by an axe or sickle and were sufficient in the ordinary course of nature to cause the death. All the injuries were ante -mortem in nature.;