Shiv Kumar Sharma, J. - (1.) The appellants Hajari Singh, Ramu Singh, Narayan Singh and Kishan Singh were the accused in Sessions Case No. 18 of 1993 on the file of the Additional Sessions Judge, Kotputli Distt. Jaipur. They were found guilty and convicted as under:- The sentences were 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 24.7.1992 Informant Bhoma Ram instituted a written report with the Police Station, Pragpura against the appellants at about 10.10 A.M. stating therein that he had an agriculture field near Pathiwala Teeba. A litigation with regard to said field was pending between him and accused Hajari. This field was in his possession from the very begining and he had sown Bajra crop which was standing on the date of incident. In order to seek possession of the said field, Hajari Singh ,installed a hut over it in the preceding night of the incident. At about 6-7 a.m in the morning, when his grandmother Ramli and Prabhat had gone in the field to see the hut Hajari Singh, Narayan Singh, Ramu Singh and Kishan Singh armed with lathies and Farsi came over there and started beating his grand mother and killed her. When Prabhat, Smt. Sarvan and Smt. Servo attempted to intervene, they were also given beating by lathies and Farsi. Besides him, Ram Kumar, Girdhari and Gopal Singh had seen the incident. (ii) A case under section. 323, 302, 447 and 34 of the IPC was registered against the accused persons and investigation commenced. (iii) Chargesheet under section 302, 324, 323 and 447 of the IPC read with section 4/25 of the Arms Act was filed in the court of Judicial Magistrate, Kotputli and case was committed to the court of Additional Sessions Judge, Kotputli. (iv) Charges under sections. 447, 302/34, 324 and 323/34 IPC and under section. 4/25 of the Arms Act were framed against accused Narayan Singh, Ramu Singh and Kishan Singh and charges under section. 302/34, 447, 324 and 323/34 IPC were framed against accused Hajari Singh. The accused denied charges and claimed trial. (v) The prosecution examined as many as twenty witnesses in support of its case and produced 33 documents. Thereafter statements of accused were recorded under section. 313, Cr.PC. The accused have examined two defence witnesses and produced three documents. (vi) The learned trial court relying on the prosecution witnesses, recorded the conviction and sentence indicated herein above.;