Goverdhan Bardhar, J. - (1.) (CAV) - The present criminal appeal has been filed under Section 374 Cr.P.C. against the judgment dated 30.06.1989 passed by learned Sessions Judge, Merta in Sessions Trial No. 56/1987 whereby the learned trial Court convicted the Appellants Jeewan Ram and Baludi for offence under Section 302 IPC and Appellant Misahri lal for offence under Section 302/34 IPC and sentenced them to undergo life imprisonment along with fine of Rs. 5000/- each along with default stipulation.
(2.) As per brief facts of the case, on 16.09.1987 at 2:30 pm an FIR came to be lodged by one Pukhraj S/o Ramdeen at Police station Degana to the effect that on 16.09.1987 his goat which was left for grazing in the morning entered the field of Jeewan Ram. As per complainant, when the goat did not return, he went in search of it and found the goat tied under a Babool tree and Jeewan Ram standing there. When Jeewan Ram was questioned and asked to release the goat, the complainant was asked to bring his father. On giving the information, Ramdeen accompanied his son to the field of Jeewan Ram and asked to return the goat upon which Jeewan Ram, his wife Baludi, his brother Misa Ram, another son Narsa Ram and Moola Ram, brother-in-law of Jeewan Ram caught hold of Ramdeen and dragged him into the 'jaw'. Baludi and Jeewan Ram assaulted Ramdeen with handle of Kassi and Misa Ram & Narsa Ram assaulted with lathi. It is also alleged that Jeewan Ram's brother-in-law Moola Ram also assaulted lathi. Upon raising hue and cry, Surjan and Ram Kunwar reached on the spot, however by that time his father Ramdeen was dead.
(3.) On the basis of said complaint, the Police registered FIR against the accused-appellants for offences under Sections 147, 148, 149, 302, 323 IPC 447 and 147 and commenced investigation. After hearing the arguments and considering the material on record, the learned trial court framed charges against accused-appellant for the aforesaid offences, who pleaded not guilty and claimed trial.;