Shiv Kumar Sharma, J. - (1.) The appellant Ram Bharosi was the accused in Sessions case No. 37 of 1992 on the file of the Special Judge-cum-Additional Sessions Judge, Dholpur. He was found guilty U/s. 302 IPC, convicted thereunder and sentenced to imprisonment for life and fine of Rs. 200 (in default to further undergo one month simple 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 12.9.1991 informant Mukesh Kumar (PW 8) lodged a written report (Ex.P. 7) with the Police Station Kotwali Dholpur at 7.30 p.m. stating therein that his great grand father Ram Chandra Solanki Thakur had four sons namely Roop Singh, Murli Singh, Moti Ram and Nihal Singh. Out of them only Murli Singh is alive. Roop Singh and Nihal Singh were unmarried. Murli Singh is survived by his sons Chhitriya, Jagannath Singh and Khabardar Singh and Moti Ram is survived by his four sons namely Hotem Singh, Lakhan Singh, Peetam Singh and Rameshwar Singh. On 12.9.91 at about 4 p.m., he was ploughing his field 'Nai-tor-wara' situated in village Daurikepura, by tractor No. RJ-11/0105 belonging to his real uncle Pahad Singh son of his uncle (Tau) was standing on the boundary of his field as he wanted to plough his field by the informant (Mukesh). At the same time Ram Bharosi S/o Khyali Ram S.O. Jodha Ram Tomer, Bhappe S/o Khyali Ram Tomer and Balbir Singh S/o Ram Nath Tomer, inhabitants of Fateh Singh Ka Pura, which is adjacent to his village Daurikapura, armed with Sail (weapon similar to spear), Sword and lathies came over there abusing him and asked as to why he was ploughing the field. At this Pahad Singh interrupted that it was Chhiteriyas field and his son was ploughing. Ram Bharosi, in turn shouted at him that he thinks himself a lion, kill him. Ram Bharosi was armed with sail, Pappu was having a sword and others were armed with lathies. Ram Bharosi, with the intention to kill thrusted sail in the left side of the stomach of Pahad Singh. As a result of which he had fallen down. When the informant attempted to intervene, Pappu inflicted sword blow on his let elbow. Ram Bharosi also inflicted sail blow injuring his right shoulder from the back side. Pahad Singhs daughter Varsha, his brother Chhavi Ram and Ram Het S/o Tej Singh were present there. Ram Het was grazing his buffaloes. Thinking Pahad Singh dead they ran away towards their village Fateh Singh Ka Pura. On hearing hue and cry Peetam Singh and Rakesh Solanki from Daurikapura, came over there. Pahad Singh requested informant for taking him to the hospital. Rakesh, Nar Singh and Jail Singh took Pahad Singh in the Tractor to Marena Hospital but no doctor was present there. Thereafter Nar Singh, Jail Singh and Rakesh took him to Dholpur Hospital in a Bus. The informant went to Police Station Piholi for lodging the report but no police officer was present in the Police Station. Thereafter he went to Dholpur Hospital in a tractor where doctor informed him about the death of Pahad Singh. The informant further stated that his grandfather Roop Singh and Murli Singh had orally mortgaged four bighas and 2 biswas of land with Ram Bharosi, in consideration of Rs. 11,000/- but the amount was paid and mortgage was redeemed. His (informant) father Chhitriy and uncle Jagannath Singh were in the Jail in connection with the suspicious death of his aunt. Taking advantage of the absence of his father and uncle Ram Bharosi committed murder of Pahad Singh and injured him. He was also medically examined and a doctor issued certificate which was annexed with the report. (ii) A case U/s. 302, 302/149, 148, 447, 323, 323/145, 324, 324/149 IPC was registered against the accused persons and investigation commenced. (iii) Charge sheet U/s. 147, 148, 149, 323 324, 447, 302 IPC read with 3/25 Arms Act, was filed In the court of Addl. Munsif and Judicial Magistrate No. 1, Dholpur and the case was committed and ultimately tried by the Addl. Sessions and Special Judge, Dholpur. (iv) Charges U/s. 148, 447, 302, 324/149 and 323/149 and Section 3/25 Arms Act were framed against the accused persons. The accused denied charges and claimed trial. (v) The prosecution examined as many as 34 witnesses in support of its case and produced 21 documents. Thereafter statements of the accused were recorded U/s. 313 Cr.PC. The accused did not examine the evidence in defence. (vi) The learned trial court acquitted co-accused persons Khyali Ram and Balbir from all the charges. The accused appellant was also acquitted of the charges U/s. 147, 447, 323/149 and 323/149 IPC and Section 3/25 of the Arms Act but was convicted by the trial court as indicated herein above.;