G.K.SHARMA,J. - (1.) GHASI and others have preferred their appeal No. 452/79, and the State of Rajasthan has filed D.B Cr. Appeal No. 20/80. Both the appeals arise out of the same judgment dated 6th July, 1979, passed by the Sessions Judge. Bundi, whereby, he convicted and sentenced the accused persons as under: Name of Accused Offence Under Section PunishmentGhasi 302, IPC Life imprisonmentGhasi 148, IPC 6 months' RI;Ghasi 326, 149 IPC 3 months' RI and afine of Rs. 250/ -, indefault 3 months' RI;Ghasi 324, IPC 9 months' RI;Ghasi 326, IPC 6 months' RI;Sheoji and 326, IPC 1 year's RI and a fineSaiga of Rs. 100/ -,in default3 months' RI; Sheoji and Saiga 324, IPC 6 months' RI;Sheoji and Saiga 323, IPC 3 months' RI;Sheoji and Saiga 148, IPC 6 months' RI;Chhota, Bhuwana and 148, IPC 6 months' RI and aTeja fineChhota, Bhuwana and Teja 323/149, IPC 3 months' RI and afine of Rs. 250/ -, indefault, 3 months'further RI;Chhota, Bhuwana and Teja 323, IPC 6 months' RI;Chhota, Bhuwana and Teja 324, IPC 9 months' RI. He, however, acquitted the accused persons of offences under Sections 302/149 and 307/149, IPC. Both these appeals having arisen out of the same judgment of Sessions Judge, Bundi, are deposed of by this common judgment.
(2.) ACCORDING to the prosecution -story, the accused persons having formed an unlawful assembly, with a common object to commit murder of Lala and cause injuries to other persons, forcibly occupied the field belonging to the complainant -party, and went to field, at about 8 a.m. on 18th July, 1978. The complainant -party was busy at their field looking after the vegetables. At that time, the accused persons reached there armed with Gandasi, axe, sword and Lathi, and started plucking Bhindis (ladies -fingers) when they were obstructed by the complainant -party, the accused persons inflicted Gandasi blows to Bhanwar Lai and Gordhan. Gordhan ran away. The accused persons then started beating Lala, who also ran away into the house, but, he was chased there by the accused persons and was gtven mercilless beating by them. Mst. Kailashi, wife of Lala, Mst. Nandu, his mother, Mst. Kali and his Bhabhi when tried to save him, they were also beaten up. Mst. Kailashi lodged a report at the police station, where, she narrated the incident and stated that the beating was still going on. On this report, the police registered a case under Sections 147, 148, 149, 307, 452, 447 and 383, IPC. The police immediately reached the spot, and they found the condition of Lala serious, the SHO recorded the dying declaration of Lala, thereafter was taken to hospital where he succumbed to his injuries. Dr. J.P. Sharma, PW 13 performed the post -mortem on the dead -body of Lala. He found three incised wounds, and one injury on the left hand of Lala. He also found injuries to craium, and incised wound the clean and sharp edges everted margin with tampering ends present 1' above the left Mastoid bone not involving the skull -bone. In the opinion of the doctor, the cause of death was due to cerebral shock and haemorrhage caused by the sharp weapon, involving the fracture of frontal and parietal bones and laceration of the brain -matter beneath the skull. The doctor also examined the injuries of Bhanwar Lal, Mst. Nandubai, Mst. Kali, Mst. Kailashi and Gautam.
(3.) THE SHO, after completing the usual investigation, submitted a challan against 10 accused persons. It is pertinent to note here that in the FIR (Ex. P 4). Mst. Kailashi mentioned the names of seven accused persons only. Later on, during investigation, the police found three more persons involved in the case, and so, they submitted the challan against 10 persons.;