- (1.) This appeal, on behalf of three accused-persons, namely, (1) Ram Kishan s/o Pokar Ram, (2) Rohtash alias Pappu s/o Pokar Ram, and (3) Smt. Savita, w/o Babu Lal, is directed against the impugned judgment and order dated 19-4-2004, passed by the Additional Sessions Judge (Fast Track), Behror, District Alwar, in Sessions Case No. 82/2003 (46/2003), whereby the learned trial Court, while acquitting accused-appellants from the offence under Section 302/34, IPC, and appellant Ram Kishan from the offence under Section 4/25 of the Arms Act, convicted and sentenced the appellants under Section 304/34, IPC to undergo 10 years rigorous imprisonment and a fine of Rs. 2,000/- each; in default of payment of fine, each of the accused to further undergo three months additional simple imprisonment.
(2.) Briefly stated, the facts of the appeal are that on 3-7-2003 P.W. 13 Prakash Singh, the nephew of deceased Bhopal, lodged a written-report (Exhibit P-19) at police station Shahajahapur, wherein it was mentioned that on 2-7-2003, at about 10-11 p.m. Savita w/o Babulal came at the residence of Bhopal, s/o Bholuram; he was also present at his house. She told Bhopal to go with her as she wanted to ask him about her husband Babulal, Bhopal went with her. At about 12.00 in night, they heard that Bhopal was crying; upon hearing hue and cry he, his mother Vimla, Rajbala, w/o Bhopal and Mamta, d/o Bhopal, went at the residence of Savita; they saw that Savita, Ram Kishan and Rohtash were inflicting injuries on the person of Bhopal by sickle ('dantli' - a sharp-edged-weapon), lathis' and kicks and fists. They intervened and stopped them from further beating to Bhopal. Thereafter they took Bhopal to hospital but, on the way itself, he died. On the basis of this information, FIR No. 140/2003 (Exhibit P-20) was registered under Sections 323, 302/34, IPC.
(3.) After com pletion of investigation, the police filed a challan against all the three accused-persons. The trial Court framed charge against accused Rohtash and Savita under Section 302 read with Section 34, IPC and against accused Ram Kishan under Section 302 read with Section 34, IPC, and under Section 4/25 of the Arms Act. The accused-persons denied the charge and claimed trial.;