Shiv Kumar Sharma, J. - (1.) The appellants were the accused in sessions case No. 37/1993 on the file of the Sessions Judge, Jhunjhunu. They were found guilty and convicted as under:- (i) The accused appellant Samandra Singh-U/s. 302 IPC life imprisonment U/s. 447 IPC 3 months R.I. (ii) Accused appellant Raghuveer Singh-U/s. 326 IPC 3 years R.I. and fine of Rs. 1000/- (in default to further undergo 3 months R.I.) U/s. 447 IPC 3 months R.I. (iii) Accused appellants Devi Dan, Girdhari and Smt. Riz Kaur-U/s. 447/323 IPC sentenced already undergone All the sentences where to run concurrently.
(2.) Aggrieved by the conviction and sentence the present action for filing the appeal has been resorted to.
(3.) Brief facts are:- (i) On 6.12.1992 around 1 p.m. informant Dheer Singh (PW 1) lodged a written report (Ex.P. 1) with the Police Station, Surajgarh, Dist. Jhunjhunu stating therein that his cousin had gone to the field in the morning, suddenly Devi Dan son of Chena Ram, Girdhari Son of Dei Dan, Reghuveer, Karan Singh, Smandra Singh and Riz Kaur wife of Dei dan, armed with axe, barchi and lathi came in the field. Dei dan was having 'jelly', Girdhari was armed with 'kasia', Karan Singh was armed with barchi, Raghuveer Singh was having axe, Samandra Singh was also having axe and Riz Kaur was also armed with jelly. They started inflicting injuries on the person of Ram Chandra killed and him at the spot. His brother Rameshwar and Raju also sustained injuries. Dead body of Ram Chandra was lying at the sport. Raju and Rameshwar were seriously injured and Raju became unconscious. They were taken to the Chidawa Hospital by Mool Chand, Daya Ram and Shiv Ram etc. This incident had taken place at about 8.30-9.00 a.m. At the time of incident Jay Singh and Mool Chand were present. Jai Singh intimated him about the incident. (ii) A case U/s. 302, 307, 147, 148, 149, 323 and 447 IPC was registered against the accused persons and investigation commenced. (iii) Charge sheet U/s. 302, 307, 147, 148, 149, 323 and 447 IPC was filed and the case was committed in the court of Sessions Judge, Jhunjhunu. (iv) Charges U/s. 447, 148 and 302 IPC and alternative charges U/s. 302/149. 326/149 and 323 of the IPC were framed against accused Dei Dan, Smt. Riz Kaur, Samandra Singh, Karan Singh and Girdhari Lal and Charges U/s. 447, 148, 302 IPC and alternative charges U/s. 302/149, 326 and 323 of the IPC were framed against accused Raghuveer Singh. The accused denied charges and claim trial. (v) The prosecution examined as many as 13 witnesses in support of its case and produced 34 documents. Thereafter statements of accused U/s. 313 Cr.PC were recorded. The accused did not examine the evidence in defence. (vi) The learned trial Court acquitted co-accused Karan Singh from all the charges and the accused appellants were convicted as indicated herein above.;