M.L.JAIN, J. - (1.) THIS appeal is directed against the judgment of the learned additional Sessions Judge No. I, Jodhpur by which he convicted and sentenced the appellants six in number as follows: 1. Ghamnda Ram under Section 302 read with 149 IPC, to life imprisonment and a fine of Rs. 200/ - in default, to rigorous imprisonment for one month and under Section 148 IPC to rigorous imprisonment for 2 years. 2. Moola Ram, Khuma Ram, Phusa Ram, Bhana Ram and Govind Singh under Section 302, read with 149 IPC, to life imprisonment and a fine of Rs. 200/ - in default, to rigorous imprisonment for one month and under Section 147 IPC to rigorous imprisonment for one year. 3. Govind Singh also under Section 325 IPC to rigorous imprisonment for one year and a fine of Rs. 200/ - in default, to rigorous imprisonment for 15 days. 4. Khuma Ram and Bhana Ram also under Section 323 IPC; to rigorous imprisonment for one month.
(2.) ALL these sentences were directed to run concurrently. We have heard arguments and perused the record. The short facts of the case are that on 8th March, 1974 which was the day of 'Holi Celebrations' at about 9 -10 p.m. the accused appellants armed with Dharia and Lathis came in a party of revellers, singing abusive songs. When they passed by the house of the deceased Bhagirath, he came out and objected to the use of abusive language by the revellers. It is alleged that thereupon, the appellants entered in the house of Bhagirath and gave him beating. His brothers Badri and Jagdish who came to intervene were also 1 eaten. The occurrence is stated to have been watched by Ghewer, the repent of the deceased and one Nenpuri. Bhagirath was taken to the hospital Jodhpur where he was admitted for treatment but died on 18th March, 1974. The bed head ticket showed that when he was brought to the hospital, he was in a drunken state.
(3.) MEANWHILE , Ramgopal his brother lodged a type written report of the occurrence in the police station, Mathania on 13 -3 -74 in which he did not mention the names of the two witnesses and the two other injured persons Hut upon some enquiries made by the Police Officer at the time of making the report, he disclosed the names of Ghewer Ram and Nenpuri, but here again he omitted to mention the names of Badri and Jadgish. It was in these circumstances that the accused came to be challaned and convicted and sentenced as aforesaid.;