Y.R. Meena, J. - (1.) This appeal is directed against the judgment dated 30.11.92 of trial court, whereby the trial court has convicted and sentenced the accused-appellants as under: (1) Sahab Singh for the offence under Section 302 IPC and sentenced to Life Imprisonment with a fine of Rs. 3000/-, in default of payment of fine further to undergo 1 year Rigorous Imprisonment; (2) Hakim Singh, Siri and Birval for the offence under Section 302/34 and sentenced to Life Imprisonment with a fine of Rs. 3000/- each, in default of payment of fine each of them further to undergo one year Rigorous Imprisonment.
(2.) The brief facts giving rise to this appeal are that Ram Bharosi son of Badan Singh Jat, resident of Gothra has given a written report on 15.6.89 in police station Sewar (Bharatpur) regarding incident which is alleged to have taken place on 14.6.89. On that basis, the FIR No. 199/89 was chalked out for the offence under Section 302 IPC. Inquest-report (Ex.P. 3) and site plan (Ex.P. 2) were prepared. Post-mortem was not conducted, post-mortem report is Ex.P. 7. Accused-Appellants were arrested. During investigation, the police found no case, therefore one the Final Report has been given. Thereafter the complainant Rambharose (father of deceased) filed a complaint in the Court of Addl. Munsif & Judicial Magistrate No. 2, Bharatpur. After recording the statement of Ram Bharose, Gambhir Singf and Smt. Omviri under Section 202 Cr.P.C., the Magistrate took cognizance against the accused-appellants for the offence under Section 302 IPC and the case was committed to the Sessions Court.
(3.) The Trial Court framed charges. Accused-appellants denied the charges and claimed trial. During trial as many as five witnesses were examined Statements of Accused- appellant were recorded under Section 313 Cr.PC. In defence DW 1 Budhi Singh has been examined by the accused- appellants. Considering the material available on record the trial Court came to the conclusion that the accused-appellants have committed murder of Sukhviri, therefore, they have been convicted and sentenced as aforesaid.;