ASOPA, J. - (1.) THE instant appeal has been filed against the judgment dated 21. 5. 1999 passed learned by Additional District and Sessions Judge, Jhalawar, in Sessions Case No. 44/96 (Old No. 29/94) State vs. Bheru Lal and other where by the appellants have been convicted and sentenced as under:- u/section 147 IPC Imprisonment for one year u/section 341 IPC Imprisonment for one month u/section 302/149 IPC Life Imprisonment and a fine of Rs. 500/- each, in default of payment of fine, further imprisonment of one month. u/section 323 IPC Imprisonment of One year. All the sentences were ordered to run concurrently.
(2.) BRIEFLY stated the prosecution story is that on 6. 1. 1994, a report was lodged by injured Bhanwar Lal at Police Station Aklera, district Jhalawar stating therein that all the appellants first obstructed him and then inflicted lathi blows upon him near the Well of Amar Chand while he was going to his village Tharol from Aklera in a bullock cart. It was further stated that Jagdish inflicted lathi blows on the back side of his head, Bheru Lal inflicted a lathi blow on the left side of his back as a result of which he fell from the bullock cart. Thereafter Kalyan and others have inflicted lathi blows and believing him dead, they ran away from the scene of occurrence. On raising hue and cry, Bheru Lal s/o Narayan, Prabhu Lal s/o Rama Meena, resident of Tharol and his son Gulab Chand came there and witnessed the incident. It was also stated that on account of old enmity with him and Virdhi Lal and Heera Lal, the accused appellants inflicted lathi blows with an intention to cause death. The complainant died in the night on the same day in the hospital. Initially, the Police registered an F. I. R. No. 3/94 for offences under Sections 147, 149, 307, 341 and 323 IPC. But subsequently on death of injured informant, Section 307 IPC was converted into Section 302 IPC. All the accused appellants were charged for the offences under Sections 147, 341, 302/149 and 323 IPC. The charges were read-over to them and they denied the charges and claimed trial. The prosecution produced PW. 1 Rang Lal, PW. 2 Gopi Lal, PW. 3 Prabhu Lal, PW. 4 Onkar Singh Meena, PW. 5 Mohan Singh, PW. 6 Mangi lal, PW. 7 Ghasi Lal, PW. 8 Lal Chand, PW. 9 Kanha, PW. 10 Prabhu Lal, PW. 11 Bardi Lal, PW. 12 Dr. S. K. Pathak, PW. 13 Gulab Chand and PW. 14 Bheru Lal and further got exhibited 27 documents in evidence. Statements of the accused appellants were recorded under Section 313 Cr. P. C. No evidence in defence was led by accused appellants.
(3.) AS per Ex. P. 24 Injury Report of Bhanwar Lal, there were five injuries caused by blunt weapon. PW. 12 Dr. Shaktidhar Pathak in his statement deposed that the injury Nos. 1, 2 and 5 resulted in fracture in the bones and were sufficient in the ordinary course of nature to cause death of Bhanwar Lal. The trial Court has framed four questions arising from the charges, out of which Question Nos. 1 and 3 relate to formation of unlawful assembly to cause the death of Bhanwar Lal and remaining two questions Nos. 2 and 4 relate to wrongful confinement and intentionally causing simple injuries. Learned Additional Sessions Judge, after hearing both the parties and considering the evidence, vide judgment dated 21. 5. 1999 convicted and sentenced the accused appellants for all the offences as indicated above. ;