MANAK MOHTA, J. - (1.) The instant appeal is directed against the judgment of conviction and sentence dated 26.3.2003 passed by learned Additional Sessions Judge (Fast Track), Parbatsar in Sessions case No.10/2002 (43/98) whereby the accused-appellants have been convicted for the offence under Section 302 I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs.1000/- each, in default of payment of fine, further to undergo one month's simple imprisonment. Manohar Singh and Smt. Magan Kanwar were acquitted from the charge of 302/34 I.P.C. but convicted under Section 323 I.P.C. and sentenced to the period already undergone in judicial custody.
(2.) The prosecution case, as disclosed during trial, is that Gumana Ram (PW-8) gave a written report to the SHO, P.S. Makrana on 3.7.1996 at 7:30 p.m. at the scene of occurrence i.e. field of Ram Dev situated on the outskirts of Village Barwali stating therein that they purchased an agricultural field measuring 15 bighas from one Madan Lal. The registry of said field was made on 1.7.1996 in the name of Ram Dev (brother of first informant) and the possession thereof was handed over to them. It was further stated that on 3.7.1996, first informant, his wife-Smt. Bhanwari Devi, Govind Ram and Rawat Ram reached at their field in the tractor of Bhagirath Singh at 3:00 p.m. for carrying out agricultural activity. A young boy named Naveen was also there alongwith them. The driver of the tractor was Ramu Ram, who is also the resident of Barwali. They were cleaning the field. Ramu Ram was tilling the field with the aid of tractor. In the evening at about 5:15 p.m., all of a sudden from the nearby field and 'dhani of Bhanwar Singh', appellant-Bhanwar Singh and his son Rajendra Singh entered into the field of complainant-party, both were having 'kulhadi' (axe) in their hands. Bhanwar Singh gave a 'kulhadi' blow on the neck of Govind Ram and Rajendra Singh gave a 'kulhadi' blow on Naveen, who died instantaneously. At that time, wife of Bhanwar Singh, Smt. Magan Kanwar, Manohar Singh and Prithvi Singh also reached there. Smt. Magan Kanwar was armed with 'kassi' and she gave a 'kassi' blow on head and hand of complainant's wife. Manohar Singh and Prithvi Singh were having 'kassi' and 'lathi' respectively in their hands and they also belaboured them. Manohar Singh gave a lathi blow on the head of Rawat Ram. Govind Ram and Naveen died on the spot and Guman Singh, Smt. Bhanwari Devi and Rawat Ram got injured in the incident. Later on Khema Ram came and took injured Smt. Bhanwari Devi to house. The complainant alleged that the accusedparty with a view to obtain passage from their field had launched the attack and caused murder.
(3.) On the basis of this report (Exh.P/1), a case for the offence under Sections 147, 148, 149, 307, 302 and 323/447 I.P.C. was registered and FIR No.247/96 (Exh.P/97) was chalked out and the investigation commenced. The police inspected the place of occurrence and prepared site-plan (Exh.P/2), collected bloodsmeared soil and general soil from the site and collected the clothes from the bodies of deceased-Govind and Naveen and also collected other materials from the site. After preparation of Panchayatnama, (Exh.P/19) and (Exh.P/20) of the dead-bodies, the Police got conducted the post-mortem of dead-bodies of Govind & Naveen. The Investigating Officer recorded the statements of the witnesses and arrested accused Bhanwar Singh vide arrest memo Exh.P/22 and at his instance 'Kulhari' (weapon of offence) was recovered in presence of motbir witnesses. The accused- Rajendra Singh was also arrested vide Exh.P/92 and other accused persons were also arrested and at their instance weapons of offence were also recovered. The police carried out other legal formalities during the course of investigation. The relevant material was sent for analysis to Forensic Science Laboratory. After completion of investigation, police filed charge-sheet against Bhanwar Singh, Manohar Singh and Smt. Magan Kanwar under Sections 302, 302/34, 323 and 447 IPC. The case was committed to trial court. Charges were framed against the accused under Sections 302, 302/34 and 323 I.P.C., who denied the same and sought trial. The police also submitted report that no case against Rajendra Singh and Prithvi Singh is made out but later on against appellant- Rajendra Singh cognizance under Section 319 Cr. P.C. was taken of Section 302, 302/34 I.P.C. and he was summoned vide order dated 27.5.1997. The said order was challenged before this Court by accused-Rajendra Singh but that was upheld vide order dated 8.8.1987. The charges under Section 302 and 302/34 I.P.C. were also framed against him. He denied the charges and also claimed trial. Accused-Prithvi Singh was found to be child and thus the matter was reported to Juvenile Court.;