- (1.) This is an appeal against the judgment of the learned Sessions Judge, Alwar dated December 17, 1973, whereby the accused-appellants were convicted and sentenced to various terms of imprisonment as detailed in the judgment.
(2.) The facts of the case, in brief, are that deceased Bhagwan Sahay went to the village Nasopur at about 8 P. M. on May 21, 1973 for getting the iron ''Kush" mended. In the village he witnessed a "binora" procession and talked to some of his known persons, and returned from there at about 1 a. m. for his house. When Bhagwan Sahay reached near the house of Devisingh accused, accused Devisingh inflicted a lathi-blow on him. Bhagwan Syhay started running for his safety. But Devi Singh chased him. When Bhagwan Sahay came near the "nohra" of one Umaid, accused Medsingh Siriya, Dhani Ram, Baibeer, Nanda Ram, Badlu, Parbhati and Umaid, who were all armed with lathis and jailers, surrounded him. These accused persons dealt lathi and jaily blows on Bhagwan Sahay, and then dragged him inside the house of Med Singh, Baibeer and Nandaram accused were exhorted that he should be done to death. The house of Med Singh was bolted from inside. Med Singh and his brother Dhani Ram, Shri Ram alias Siriya and Baibeer resided in the same house. Bhagwan Sahay continued to cry for help for one and a half hour, and thereafter his shrieks and cries were not heard. Sheokaran, Data Ram and Bal Mukund witnessed the "binora" alongwith deceased Bhagwan Sahay. They were ail sitting in the house of one Deep Chand, who was also witnessing "binora". Sheo Karan thereafter went to the well of deceased Shagwan Sahay to inform his brother Pooran Singh. This well is said to be about a mile away from the place of occurrence Sheo Karan reached the well at about 4-30 a.m. & informed him about the occurrence. Pooran Singh then went to the Police Station, Kotkasim at about 5 a. m. and narrated the incident orally to the ASI, as the SHO was not there. The ASI, however, asked him to bring a written report. Pooran Singh then went to the market and got the report written by one Shamsher Siqgh. He then lodged the written report Ex. P/8. A case under Sections 364, 147, 148, 149 & 342, IPC was registered by the SHO Mahesh Chand Katara, and the investigation was handed over by him to the Head Constable Ram Chandra. A formal FIR Ex. P/20 was drawn up and signatures of Pooran Singh were obtained on it. The Head Constable Ram Chandra PW/8 visited the place of occurrence. On his way, Data Ram and Balu Ram met him. He recorded the Statement of Data Ram. He then went to the house of Med Singh which was bolted from outside. He unbolted the door and entered into the house, and found the dead body of Bhagwan Sahay in the chowk. The inquest report site plan and site-notes Ex. P/9 were prepared by him. Soon after SHO Mahesh Chand Katara arrived there and finding that Bhagwan Sahay has died he took up the investigation in his hands. The bloodstained earth near the dead body was seized by him vide memo Ex. P/3, and from near the "poly" vide Ex. P/2. The blood-stained stone from outside the Haweli of Med Singh was also seized vide Ex. P/4 Dhani Ram and Med Singh were arrested on April 25, 1973 vide Ex. P/21, and Ex. P/22, Hari Singh, Shri Ram alias Siriya, Umaid Singh, Parbhati, Nandram Devi Singh and Badlu were arrested on 31st May, 1973 vide memo Ex. P/23 to Ex. P/29. Accused Baibeer was arrested vide Ex. P/30. Accused Nandram and Baibeer gave information vide memos Ex. P/36 and P/37 regarding jaily and got the same recovered vide memos Ex. P/18 and Ex. P/19. On the information of the other accused persons lathis were recovered vide memos Ex. P/31 to Ex. P/35 and Ex P/38 to Ex. P/40 and got the same recovered vide memos Ex. P/10 to Ex. P/17. The jaily recovered at the instance of Baibeer and other blood-stained articles were sent for chemical examination. The body of Bhagwan Sahay was sent through foot constable Ram Chandra PW/5 to Kotkasim Hospital where the autopsy on the dead body was conducted by Dr. Rajendra Kumar PW/1. The blood stained clothes of the deceased were also sent for chemical examination. Investigation was conducted from the witnesses, and thereafter the accused were charge sheeted before the court of Munsiff-Magistrate, Kishangarh, who conducted the committed enquiry and committed the accused persons to stand their trial before the court of Sessions for the charges under Section 147, 148, 302 or 302/149 or 302/34, 364 and 342 IPC.
(3.) The learned Sessions Judge acquitted Umarao, Badlu, Parbhati and Hari Singh of all the offences with which they were charged.;