Rajendra Saxena, J. - (1.) These appeals arise out of the judgement dated 25-7-1981 passed by the Additional Sessions Judge, Kota, whereby he convicted the appellants for offences under Sections 302 and 459, Indian Penal Code, and sentenced each one of them to life imprisonment on the first count and rigorous imprisonment for 10 years for the second count and directed that their substantive sentences shall run concurrently. Both these appeals are being disposed of by this common judgement.
(2.) Briefly the relevant facts are that on the night, intervening 20th and 21st June, 1979 Ramcharan (PW 13) was sleeping alongwith his father Madholal (deceased) on the same cot in a room of his house situated in village Raipur. At about 2 A.M., he was awakened by the screams raised by Madholal. It was a dark night and the electric bulb installed in the room was not burning. Ramcharan saw three persons inflicting sword blows to Madholal, who was bleeding. Madholal had caught hold of the hairs of one of the assailants, who was tall, Ramcharan saw the assailants in the light of the torch, which one of the assailants was having. The assailants also dealt sword blows to Ramcharan causing injuries to him on his right shoulder, right hand, neck and head, with the result that Ramcharan fell down on the floor of the room. The assailants also threw Madholal on the floor of the room, who succumbed to his injuries. Thereafter, the assailants bolted the room from outside, made search of other two rooms, looted gold and silver ornaments, a wrist watch, a cloth bag containing money and other articles, and fled away. Injured Ramcharan went to the room of his tenant PW 4 Mangilal, who was residing nearby, and informed him about the incident. Since Ramcharan was bleeding, Mangilal wrapped a quilt around his body. Mangilal in turn went to the house of Mohanlal (PW 1) and informed about the said incident. Mohanlal, who is a teacher, submitted a written report Ex. P. 1 on 21-6-79 to PW 14 Gyanchand SHO Police Station Udyog Nagar, Kota, whereupon FIR Ex. P. 11 was drawn and initially a case for offences under Section 458 and 420, Indian Penal Code was registered.
(3.) It is the prosecution case that on that ill fated night, Smt. Panthi Bai wd/o Madholal (deceased) had gone to attend some Kirtan. She returned in the early hours of 21-6-79. She after checking her house, she submitted a list of looted properties Ex. P.2 to the police. It was mentioned in list Ex. P.2 that a pair of silver 'anwale', a wrist watch case containing 18 torch bulbs, a gold 'bor' and one ear-top, one red coloured cloth bag, whereon the name 'Panthi Bai' was embroidered and which contained change of one hundred rupees, her bank pass book, a wrist watch having white dial and on the back thereof "RC" was engraved and currency notes worth Rs. 5,000/- had been stolen from her house.;