- (1.) Appellants, Suraj Mal and Amar Lal were tried in Session Case No.49/89 arising out of FIR No. 156/87 of Police Station Kotwali (District Jhalawar) under Sections 302 and 307, IPC by the Additional Sessions Judge, Jhalawar, who vide the impugned judgment dated 7.8.93 found them guilty and sentenced each one of them to undergo imprisonment for life and to pay a fine of Rs. 5000/- or in default in payment thereof to undergo rigorous imprisonment for a further period of two years under Section 302, IPC; and to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 2,500/- or in default in payment thereof to undergo rigorous imprisonment for a further period of one year under Section 307, IPC.
(2.) The Prosecution story was as under:- On 22.8.87 some 'Rebaris' (Shepherds) who hail from the western part of Rajasthan were returning alongwith their sheep flocks from Madhya Pradesh. When they reached near Jungle of 'Bor Ka Kua' in District Jhalawar, at about 4 p.m., some 'Banjaras' alongwith the appellants came there, Surajmal beheaded one sheep belonging to the 'Rebaris' and thereupon there was an exchange of hot words between the 'Rebaris' and the appellants. The appellants thereupon brought their guns from their hut situated near the scene of occurrence and fired gun shots at 'Rebaris' resulting into the deaths of Mangilal, Bhopal and Shekha and causing injuries on the persons of Girdhari, Sujaram, Laduram and Sanakala.
(3.) An information in this regard was given to the police by Moolaram (PW 7), who reported that he had heard gun shots and learnt that some 'Rebaris' had received injuries. That report was recorded in the rojnamcha (Ex.P.ll). The police party reached the spot where they found the above said three persons lying dead and other four persons lying in injured condition. The Investigating Officer recorded statement (Ex.P.3) of Sujaram (PW 8), and after making his endorsement thereon, sent the same to the police station through Pooran Singh, Constable whereupon case was registered vide FIR No.156/87 at about 11.45 p.m. on 22.8.87.;