Y.R.MEENA, J. - (1.) THIS appeal is directed against the judgment, dated 10.1.1994, passed by learned Sessions Judge, Jhalawar whereby the accused -appellants have been convicted for the offence under Section 302 read with Section 34 IPC and sentenced each of them to undergo life imprisonment and pay fine of Rs. 2,000/ - each, in default of payment of fine, further undergo one year's rigorous imprisonment.
(2.) THE brief facts giving rise to this appeal are that on 11.9.1992 a written report Ex. P. 11 has been given in Police Station, Bhawani Mandi by one Pritam Singh son of Gopal alleging therein that after attending the SDM Court, while he was going back to his house and reached at the shop of Bheru Singh, he saw that his cousin Foza Singh was starting his motor cycle and all of a sudden Deep Chand his son Hukan Chand, his brother Daulat Ram and Ganesh son of Daulat Ram armed with sword and daggers attacked on Foza Singh. Deep Chand has given sword blow to Foza Singh at head. Foza Singh fell down from the motor cycle. Then Hukam Chand, Daulat Ram and Ganesh have also given dagger blows. To save himself, Foza Singh entered in the Shop of Bheru Singh and closed the shutters and bolted from inside. These accused -appellants chased him and broke open the doors and again gave beating to him and killed him. At the time of incident, Bheru Sihgh, Shiv Raj Singh, Madan Singh, Kalu Singh and Mukand Singh were present. On the basis of this report, FIR Ex. P 12 has been chalked out. The case has been registered under Section 302 IPC. During investigation, inquest report Ex. P 1 and site plan Ex. P 2 were prepared. Blood smeared soil and stones and control soil and stones taken, they are Ex. P 3 and Ex. P 4 respectively. Post mortem was got conducted. The post mortem report in Ex. P 23. One Takia, Chaddar and motor cycle have also been recovered, that is Ex. P 7, Ex. P 8 and Ex. P 9 respectively. Accused appellants were arrested. The arrest memos are Ex. P 15 to Ex. P 18. At the instance of Hukam Chand, one dagger has been recovered, recovery memo is Ex. P 20; at the instance of Daulat Ram, one dagger has been recovered, recovery memo is Ex. P 21; at the instance of Ganesh, one dagger has been recovered, recovery memo is Ex. P 22; and, at the instance of Deep Chand, one sword has been recovered, recovery memo is Ex. P 29. After investigation, challan has been filed and charges have been framed. The accused denied the charges and claimed for trial. During trial, as many as 17 witnesses have been examined by the prosecution. The statements of accused appellants have been recorded under Section 313 Cr. P.C. Considering the material on record, the Trial Court came to the conclusion that accused -appellants have committed the offence under Section 302 read with Section 34 IPC and convicted and sentenced as aforesaid.
(3.) BEING aggrieved with the judgment of Trial Court the accused -appellants have preferred this appeal.;