GOPAL KRISHNA SHARMA, J. - (1.) THIS appeal has been preferred against the judgment dated 1st Oct. 1984 passed by the Sessions Judge, Tonk, whereby he convicted all the accused -appellants under Section 147 IPC, and sentenced each of them to 2 year's rigorous imprisonment. He also convicted accused Ramkaran and Ramdeva under Section 302, IPC, and all other accused -appellants under 302/149, IPC and sentenced each of them to imprisonment for life and a fine of Rs. 500/ -. In default of payment of fine, each accused was ordered to further undergo 6 months' rigorous imprisonment. Appellant Gopi was further found guilty of offence under Section 324 IPC and sentenced to 2 years rigorous imprisonment; while ail other accused -appellants were found guilty under Section 324/149, IPC and each of them was sentenced to 2 year's rigorous imprisonment. All the accused appellants were also convicted under Section 452, IPC and each of them was sentenced to 3 years' rigorous imprisonment and a fine of Rs. 200/ - and in default of payment of fine, to further undergo 2 months rigorous imprisonment. All the accused -appellants were also found guilty under Section 323 IPC, but no separate sentence was awarded under this court. All the substantive sentences were, however ordered to run concurrently.
(2.) ON a report of one Bhanwarlal, a case was registered against 20 persons, and a challan under Sub -section 302, 302/149, 147, 324, 323 and 452/ 149 IPC, was submitted, and they were tried by the Sessions Judge, Tonk. After completing the trial, the learned Sessions Judge, acquitted 10 persons of the charges levelled against them and found the accused -appellants guilty as mentioned above. According to the prosecution story, Bhanwarlal s/o Goruram, lodged a report at P.S. Tonk, on 18 -9 -1982, at about 13.50 p.m. In the said report it was alleged that all the 20 persons mentioned in the FIR, armed with lathis and axes had come to the Gwadi of Ramjiwan. Some of them climbed the 'Kavelu' of the house of Ramjiwan, while some of them remained in the Chowk. Ramkaran and Ramdeva then inflicted lathi blows on the head of Ramjiwan and the other persons hurled stones at Kavelu. Gopi and Bhagwan accused inflicted lathi and knife blows to Devlal and injured him. Gopi inflicted the knife blow in the stomach of Devlal while Bhagwan inflicted lathi blow on the back of Devlal. The other accused persons threw stones at Mst. Devbai, Mst. Bachchi and Mst. Nandu, who also received injuries. After the beating of Ramjiwan, he could not be traced out, and it was not known as to where the accused persons had taken him away. It was also mentioned in the report that the incident took place on account of old enmity between the two parties relating to some woman. On this report, the police registered a case under Sections 147, 148, 149, 307, 336, 337 and 452 IPC and started investigation.
(3.) AFTER recording the FIR, Gordhan Singh, SHO, PW 10 reached the spot on 19th Oct. 1982; and at instance of Bhanwarlal, he prepared site -plan, Ex. P 7. A Panchnama of the dead body of Ramjiwan was also prepared which is Ex. P 15; and the dead body was then sent for postmortem examination. The Safa' of Ramjiwan was taken into custody vide memo Ex. P 12. From the spot a blood -stained 'Kelu' was also taken into custody vide memo Ex. P 13.;