- (1.) Appellants Padtal, Rudia and Palia, were, convicted by the learned Sessions judge, Alwar, by his judgment dated October 4, 1973, for committing offence under section 302 read with section 34 I.P.C. and each one of the accused-appellant was sentenced to imprisonment for life. Padtal, Rudia and Palia were further, convicted for offence under Section 323, I.P.C. and sentence to six months rigorous imprisonment. Rudia was further convicted under section 326 I.P.C. for causing injuries to deceased Chiranji by Pkarsi and he was sentenced to two years' rigorous imprisonment. It is against this conviction that these three appellants have filed their appeal before this Court.
(2.) Prahlad had a civil litigation with the accused party about a dispute regarding land. Prahlad, being an old man and having been operated, called his brother-in-law Chiranji to assist him in managing the cultivation. The accused persons did not like this arrangement because they were under the impression that if Chiranji had not come to his help, Prahlad would have left the cultivation and the land would have reverted to them. It was out of this spite that on November 21, 1972, when Chiranji was going for easing himself early morning at 6 a.m., he was attacked by the accused party. On hearing the cries of Chiranji, it is alleged by the prosecution that Prahlad, his wife, Mishri and his daughter-in-law Murti, who were working in a nearby Nohra immediately rushed to the place of occurrence. Mishri and Murti covered Chiranji, who was lying on the ground, in order to save him from further assault. But it is said that they were also beaten by the accused party, and Chiranji was thereafter dragged into the house of Padtal where again he was given beating by the accused party, with the result that the victim died.
(3.) The same day at 7 a. m., Prahlad lodged a report of this incident at Police Station Behror, district Alwar.;