- (1.) On the request of the parties and taking into consideration the contentions raised in the appeal before us, we have finally heard the appeal.
(2.) This appeal is directed against the judgment and order dated October 9, 1995 whereby the appellants have been convicted under Section 302/34 IPC to suffer imprisonment for life and to pay a fine of Rs. 500/- each in default of payment of fine to undergo simple imprisonment for four months.
(3.) Both the appellants were tried before the learned Sessions Judge, Baran for causing murder of Mathura Lal son of Gopi Lal in the morning of 28th October, 1994. The report of the incident was made,by Gordhan son of Ram Chandra Meghwal at police station Nahargarh district Baran on the day of the incident at 4 p.m. On the report, crime No. 82/94 was registered under Section 302 read with 34 IPC. After registering the case, investigation commenced. Inspection of the scene of occurrence was made on 29th October, 1994 at 2.00 p.m. and site plan Ex.R/1 was prepared in the presence of Sheonath and Janki Lal. The police seized blood, stained soil and control soil from the place of incident vide seizure memo Ex.P./2. The inquest report Ex.R/5 was prepared on the day of incident at 4.15 p.m. the autopsy of the dead body was conducted by Dr. Rajendra Soni, RW. 15, and he found the following injuries on the dead body. 1. Lacerated wound 3" x 1" cm. x bone deep at left side of nose with diffuse swelling nose, vertically placed. 2. Lacerated wound/soft clots 3x1 x 1/2 cm. at outer surface of It. arm at its middle, vertically placed. 3. Lacerated wound 4 x 2 x bone deep at the anterior surface of left leg at its outer ⅓ tibea bone was found fracture/tissue vain bleeding from wound present. 4. Lacerated wound/soft clots 2 x 1 cm. x bone just above right eye brows vertically placed. 5. Abrasion without scab 4x2 cm. at the surface of the Rt. hand. 6. Bruise (reddish) 3x2 cm. at left thigh at its enter for aspect. 7. Bruise (reddish 6 x 1 cm. at left thigh just blow injury No. 6. The cause of death was opined as a result of excessive hemorrhage due to multiple injuries the injuries were opined to be sufficient in the ordinary course of nature to cause death. The post-mortem report Exp. 7 was also proved by doctor except injury No. 5 all injuries were simple in nature.;