GOPAL KRISHNA SHARMA,J. - (1.) THESE three appeals have been preferred separately by the accused -appellants against the same judgment dated 15th February, 1986, passed by the Additional Sessions Judge, Baran, and hence, they are being disposed of by this common judgment.
(2.) THE learned Additional Sessions Judge has found all the accused -appellants guilty under Sections 148 and 302/149, IPC for offence under Section 302/149, IPC he has sentenced each appellant to imprisonment for life, and for that under Section 148, IPC, to rigorous imprisonment for two years. Both the sentences awarded to the accused -appellants, were, however ordered by the learned Additional Sessions Judge, to run concurrently. Succinctly narrated, the story of the prosecution is that on 6th April, 1984, at PS Anta, a written report (Ex. P 12) was lodged by one Ram Niwas, alleging that Ramayan Paath was going on in village Puranakhera Ajipura, and that he himself and about ten other persons were sitting there. On the preceding night, at about 10 -10.30 O'clock, 5 -7 persons, namely, Babulal Bheel, Madanlal, Morpal, Kalulal, Harish Chandra and two other persons whose names he did not know, came from the side of village Baldara armed with 'Kuntiyas' and lathis they came to the place where the complainant party was sitting, and Madan Bheel wished them. After that, Babulal Bheel inflicted Kuntiya blow on the head of Ramkishan with the intention of committing his murder, as a result of which the latter fell down on the ground, and then, the other accused persons inflicted kuntiya and lathi blows to him. The persons sitting there raised hue and cry. And the assailants ran away. Ramkishan was then brought to the 'Dhooni' of Maharaj (Sant), and in the gas -light, they all saw the injuries on his body -blood was coming out from the head and mouth of Ramkishan, Ramkaran Dhakar, Girraj Prasad, Ramesh, Deokinandan and Ramcharan Thakur had also witnessed the incident. Ramkishan was then brought in a bullock -cart, to Anta, and from there, to Kota. On this report, a case under Sections 147, 148, 149 and 307, IPC, was registered.
(3.) WHEN Ramkishan injured was taken to Kota Hospital, a written report was also submitted by Onkarlal at PS Nayapura, Kota, which is marked Ex. P. 24, and on the basis of this report (Ex. P 24), a regular FIR without any number, was registered. This report was entered in the 'Roznamcha' at No. 433. After preparation of the regular FIR, it was sent to PS Seeswali, as the incident had taken in the jurisdiction of that police station. Later on, the officer -in -charge of PS -Seeswali, forwarded the said report to PS Anta in whose jurisdiction, the incident had taken place. At PS Anta, a regular report had already been lodged and FIR 52/85 was prepared. Thus, the second report lodged at PS Nayapura, was later on forwarded to PS Anta. After completing the investigation, the police submitted a challan under Section 148 and 302/149, IPC, against seven accused persons.;