S.K. Sharma, J. - (1.) The appellants were the accused in Sessions Case No. 44 of 1993 on the file of Special Judge, Scheduled Castes and Schedule Tribes (Prevention of Atrocities Cases), Ajmer. They were found guilty and convicted as under:- Manoj Mahawar u/s 302/34 I.P.C. - life imprisonment. Sampat U/s. 302 I.P.C. - life imprisonment.
(2.) Aggrieved by the conviction and sentence the present action for filing the appeal has been resorted to.
(3.) Brief facts are: (i) On 25.4.92 about 6.15 P.M. informant Madan lal Tak inhabitant of Loha Khan lodged a written report (Ex.P7) with the Police Station Civil Lines, Ajmer stating therein that on 25.4.92 around 5 P.M. he was going towards collectors accompanied by Lal Chand and Laxminarain when he reached near Revenue Board, he saw a crowd in front of Vinay Bhawan, and found his nephew Om Prakash severely injured, lying in a pool of blood near the boundary of the road. A traffic constable in white uniform was also present in the crowd. At the same time S.H.O., Civil Lines, with police constables also reached there. On being asked as to who inflicted injuries, Om prakash disclosed the names of Sampat and Manoj and told that Sampat inflicted knife blows on his person. Om Prakash was taken to the hospital, where he was declared dead. (ii) A case U/s. 302 and 34 of the I.P.C. was registered against the accused persons and investigation commenced. (iii) Charge-sheet U/s. 302 and 34 of the I.P.C. was filed and the case was committed to the court of Sessions Judge, Ajmer which was ultimately tried by the trial Court. (iv) Charges U/s. 302 I.P.C. and 302/34 I.P.C. were framed against accused appellant Sampat and Manoj respectively. The accused appellants denied charges and claimed trial. (v) The prosecution examined as many as 29 witnesses in support of its case and produced 48 documents. Thereafter statements of accused U/s. 313 Cr.P.C. were recorded. The accused examined Dr. Devi Panwar (Dw. 1), Ashok Kumar (Dw. 2) and Sawai Singh (Dw. 3) as defence witnesses. (iv) The learned trial Court convicted and sentenced accused appellants as indicated herein above.;