G.R.MOOLCHANDANI,J. - (1.) Court of Additional Sessions Judge No. 1, Kota tried six accused persons namely Banwari Lai son of Ramratan, Ramkaran and Bheru sons of Kalyan, Smt. Manbhar wife of Late Banwari Lal, Uda Lal son of Mangaram, Prabhu Lal son of Rodu, in Sessions Case No. 34/1985, arising out of FIR No. 29/1985, registered at Police Station Railway Colony, Kota, vide order impugned dated 29.6.1992, acquitted Bheru Lal and Ramkaran sons of Kalyan and Smt. Manbhar wife of Banwari for the offence punishable under section 392/120B of IPC and convicted accused-appellant Uda Lal son of Mangaram Meena and Prabhu Lal son of Rodu for the offence punishable under section 302 read with section 34 of IPC and sentenced both of them by an order of even date to undergo life imprisonment for the offence under section 302/34 of IPC with a fine of Rs. 100, in default thereof further to undergo three months rigorous imprisonment.
(2.) Written Report Exhibit-P1, when translated in English, reads as under "To, Station Officer, Railway Colony, Kota It is submitted that our villager Kishan Gopal Meena was sleeping below Hanuman temple in a Chowk, during Navratra festivity, who has been killed in the night at about 3:00 to 4:00 AM by three unknown persons by sharp edged weapon, his dead body is lying there, body of Kishan Gopal is having injuries on his forehead, face and neck and it is lying in a pool of blood, on alarm of labour, I got awakened and went there, people informed that deceased was killed by three persons, who fled away towards Gagayene, I have been sent for information and report, which is submitted. Sd/-ApplicantRadheshyam Yadav s/o Ganesh Lal YadavVillage Gaudi 23.3.1985."
(3.) On basis of this Written Report formal FIR No. 29/1985 was lodged at Police Station Railway Colony, Kota, for the offences under section 302/34 of IPC on 23.3.1985 at 6:15 AM, which is Exhibit-P36.;