G.K.SHARMA, J. - (1.) D .B. Cr. Appeal No. 287/85 is a Representative Appeal while D. B. Cr. Appeal No. 300/85 is Jail Appeal. As both these appeals are against the same judgment, so they are disposed of by this common judgment. The appellants have preferred these appeals against the judgment dated 23 -5 -1985 passed by the Sessions Judge, Sawai Madhopur Camp Gangapur City convicting the appellants Bhabhuti under Section 302 IPC and Chotey under Section 302/34 IPC. Both these appellants have been sentenced to life imprisonment and a fine of Rs. 200/ - and in default of payment of fine to undergo two months' R.I.
(2.) SMT . Bitiya w/o deceased Narain Singh lodged a report on 15th November, 1983 at 5 p.m. at Police Station Mandrayal. According to this report Narain Singh was working in the agricultural field situated in village Tokeypura and was giving water in the field from the well. At that time Mst. Bitiya, her daughter Rambeti and her mother -in -law Anar Bai were also working there. At that time the accused persons were also there and they told Narain Singh not to give water as they will give water to their field first. Shri Narain Singh denied and the accused -persons entered in the field and tried to take Narain Singh by force. Narain Singh tried to run away from there and when he was running, he was caught in the field of the accused Bhabhuti where Bhabhuti caused injuries by spade on his head and accused Chotya caused injuries by Lathis. Narain Singh died at the spot. When Mst. Bitiya and others tried to rescue Narain Singh, they were also threatened by the accused -persons. After beating, the accused -persons ran away towards village. They went near the dead body where number of persons of the village had also arrived. On this report the Police registered a case under Section 302/34 IPC and started investigation. Laxman Prasad PW 5, who was posted as Head Constable at the Police Station recorded the report lodged by Smt. Bitiya and that report is Ex. D 1. The Head Constable also entered the FIR in the register which is Ex. P 16. The SHO Ramhet Singh PW 4 during investigation inspected the site and prepared site -plan Ex. P 1. The inquest report Ex. P 2 was also prepared. The accused -persons were arrested and on the information given by them the Investigating Officer recovered a spade and a Lathi. The accused Chotey also received injuries so his medical examination was also done. Dr. Puspendra Nath Sharma PW 6 conducted the post mortem on the dead body of Narain Singh. The post mortem report is Ex. P 16. According to the doctor's opinion the cause of death is coma and such as a result of severe injuries to the head caused by the sharp weapon.
(3.) THE SHO after completing the investigation submitted challan against the accused -persons under Section 302 and 302/34 IPC. The trial court framed charge against accused Bhabhuti under Section 302, IPC and against accused Chotey under Section 302/34, IPC. Both the accused -persons pleaded not guilty and claimed trial.;