GOPAL KRISHNA SHARMA, J. - (1.) THE appellans have preferred this appeal against the judgment dated 14 -6 -1978, passed by the Sessions Judge, Jaipur District, Jaipur, by which the Sessions Judge found the appellants guilty of the offence and sentenced them as under:
(2.) APPELLANTS Bhawani Shankar and Radha Kishan were convicted under Sections 302 and 307, IPC and sentenced each appellant to life imprisonment for the offence under Section 302 IPC and 4 years' rigorous imprisonment and a fine of Rs. 100/ -, in default of payment of fine, to further undergo. 1 month's R.I. for the offence under Section 307, IPC. The accused -appellants Mahaveer Prasad and Bala Sahai were convicted under Sections 302/34, IPC and sentenced each appellant to life imprisonment. They were also found guilty of the offence under Sections 307/34, IPC and sentenced each to 4 years' R.I. and a fine of Rs. 100/ -, in default of payment of fine, to further undergo one month's R.I. According to the prosecution story Jagdish Prasad PW 1 lodged a written report on 26 -2 -1977 alleging that on 25 -2 -1977 at 7 p.m. he came from Bad Nagar to his village Panchudala and there he saw that Mst. Mooli had been murdered and Suresh Chandra s/o Ganpatram was seriously injured. The injured Suresh Chandra narrated to him the incident and told him that Bala Sahai and his sons Mahaveer Prasad, Kashinath and Bhawani Shankar inflicted injuries by knife on both of them. On account of these injuries Mst. Mooli died on spot. It was mentioned in the report that this incident took place at 6.30 p.m. and Suresh has been admitted in the hospital at Kot Putli. On this report the S.H.O., Virat Nagar registered the case under Sections 302/307, IPC and started the investigation. The accused persons were arrested and some recovery of the articles was made at their instance on their information. The injuries of Suresh Chandra were got medically examined by the doctor. The Magistrate recorded the dying -declaration of Surseh Chandra. The site -plan was prepared and the post -mortem on the dead body of Mst. Mooli was conducted which is Ex. P 7. According to the post -mortem report Mst. Mooli had six stab wounds, three bruises and two abrasions on her body. According to doctor the cause of death was asohyxia due to collapse of lungs caused by multiple stab wounds and shock due to multiple injuries to thorax and abdomen. After completing the investigation the Police found that the name of Kashinath has been mentioned in the report Ex. P 1 incorrectly. Actually Radha Kishan was one of the assailant and hence the challan was submitted against the appellants.
(3.) THE learned Sessions Judge framed charges against the appellants who pleaded not guilty and claimed trial. The accused -persons have denied the allegations made in the charge -sheet. Their case is that on account of enmity and litigation pending between Jagdish Prasad and Bala Sahai, they have been falsely implicated in this case. It was also contended by the accused Bala Sahai that there is a dispute with Sita Ram witness about some monetary transaction. The witness Narain Singh is the partner of Mst. Mooli and for that he has given the false evidence. There is also dispute with witness Rameshwar. Thus all the prosecution witnesses are on inimical term and hence they have appeared in evidence against them.;