MAHENDRA BHUSHAN SHARMA, J. - (1.) ACCUSED Narain Singh and Karan Singh have been convicted Under Sections 148, 449 and 302, IPC and the other three accused persons, Bhanta, Raghuvar and Mishri, have been convicted Under Sections 147, 449 and 302/149, IPC Karan Singh and Narain Singh have been sentenced to imprisonment for life Under Section 302, IPC and to a fine of Rs. 1,00/ - and, in default of payment of fine they have been ordered to further undergo rigorous imprisonment for six months. Each of them has been further sentenced Under Section 449 IPC to undergo two years rigorous imprisonment and a fine of Rs. 300/ - in default of payment of fine to further suffer rigorous imprisonment for six months. Under Section 148, IPC each of them was sentenced to undergo rigorous imprisonment for one year. The other three accused persons have been sentenced to rigorous imprisonment for six months Under Section 147, IPC and two year's rigorous imprisonment and a fine of Rs. 300/ -Under Section 449, IPC and in default of payment of fine to further undergo rigorous imprisonment for six months. Under the third count, i.e. offence Under Section 302/149, IPC each of the accused persons has been sentenced to imprisonment for life and a fine of Rs. 1,000/ - and in default of payment of fine to undergo rigorous imprisonment for six months. Substantive sentences of all the accused persons under each count have been ordered to run concurrently.
(2.) THE facts of the case are that in night intervening and 3rd November 1979, Jagdish son of Hazari (PW 3) was sleeping in his Patore. Smt. Ramco, who is the wife of Jagdish deceased, was also sleeping on a cot nearby. It is alleged that all the five accused -appellants came there. Accused appellants Karan Singh and Narain Singh were armed with axe and the other three were unarmed. Bhanta sat over the chest of Smt. Ramco and Mishri on her legs. She was awakened and she was gagged with the help of a piece of gunny -bag which the accused persons are said to have brought with them. Karan Singh and Narain Singh went towards Jagdish deceased and Raghuvar accused is said to have exhorted the other accused persons to put an end to the life of Jagdish. Thereafter Karan Singh gave a blow by an axe on the neck of Jagdish and the other blow by him was given on his shoulder. Narain Singh also gave a blow by axe on the right side of the neck and legs of Jagdish deceased. Thereafter the accused persons made good their escape; It is alleged that when the accused persons were running away as a result of the alaram raised by Jagdish deceased, his wife Ramco (PW 6), Raghunandan (PW 2), Har Bai (pW 4), Bhanta (PW 7) wife of Hazari (PW 3) were attracted. They saw the five accused persons running away from the side of the house of Jagdish deceased. Injured Jagdish was taken to the Hospital, Karauli and there he succumbed to his injuries. PW 2 Raghunandan lodged a First Information Report (Ex. P 4) in the police station, Mandarayal, District Sawai Madhopur on November 3, 1979, at 6.25 a.m. vide rapat roznamcha No. 45. A case was registered and investigation was set in motion.
(3.) DR . Suraj Mal Gupta (PW 1) examined the injuries of Jagdish when he was admitted in the hospital in injured condition. He found four injuries on his person by sharp weapon. Jagdish died in the hospital on November 3, 1979 as a result of the injuries. Dr. Gupta conducted the autopsy on his dead body. He found four external injuries on the dead body, which are as follows: (1) Oblique incised wound 5.5 c.m. x 2 c.m. x 2 c.m. on lower part and front of right thingh, direction from outer to inner side; (2) Vertical incised wound 7 c.m. x 2.5 c.m. x depth leading inside on front of left side of neck direction front to back; (3) Oblique incised wound 8 c.m. x 2.5 c.m. x 3 c.m. on lower part of right side of back of head; (4) Vertical incised wound straight 4 c.m. x 2.5 c.m. x depth upto muscles on back of right shoulder. ;