Rajendra Saxena, J. - (1.) This appeal has been directed against the judgment dated 24.4.1980 passed by the Additional Sessions Judge No.1, Dholpur whereby he convicted appellants Bhagwant, Shibbo alias Shiv Charan, Devilal & Punkhi for offences under Section 302/34, IPC, and sentenced each one of them to life imprisonment & fine of Rs. 500/- in default thereof to further undergo rigorous imprisonment for one month.
(2.) During pendency of this appeal, apellants Bhagwant & Punkhi died and as such, the appeal filed on their behalf has abated.
(3.) The facts of this appeal are short and simple and can be recapitulated in a narrow compass. It is alleged that on 18.4.78 at about 7 A.M. the deceased Rama was crushing his wheat crop in his 'Khaliyan' situated in village Basantpura. His wife Smt. Sanaki (PW1) was assisting him. It is the case of prosecution that the appellants started hurling abuses to Ram without any rhyme or reason to which the latter objected. Thereupon, appellants Shibbo & Devilal, who were armed with lathies and appellants Bhagwant & Punkhi, who had 'farsas' attacked him. Appellants Shibbo & Devilal each dealt a lathi blow on the head of Rama, whereupon the latter fell down. Thereafter all the appellants indiscriminately caused injuries to him. It is further alleged that on hearing the hue & cry many persons came there and then the appellants went away. Due to head injury sustained by Rama, he became unconscious. He was brought to Primary Health Centre, Sar Mathura from where he was brought in a bus to Dholpur where he was admitted on 18.4.78 about 5 PM. in the Government Hospital, Dholpur.;