G.K.SHARMA, J. - (1.) BOTH these appeals have been preferred against the judgment of Sessions Judge, Jhalawar, dated 8th July, 1986 convicting the accused -appellant under Sections 302, 326 and 449, IPC. and sentencing him to imprisonment for life and a fine of Rs. 50/ -, and in default of payment of fine to further undergo one month's rigorous imprisonment, for offence under Section 302, IPC to 7 years' rigorous imprisonment and a fine of Rs. 50/ -; and in default of payment of fine, to further undergo one month's rigorous imprisonment, for offence lender Section 326, IPC; and to 7 years' rigorous imprisonment and a fine of Rs. 50/ -, and in default of payment of fine, to further undergo one month's rigorous imprisonment, for offence under Section 449, IPC. All the sentences of imprisonment awarded to the accused -appellant, were, however, ordered by the learned Sessions Judge, to run concurrently.
(2.) APPELLANT Kalyan Singh has filed D.B. Cr. Jail Appeal No. 322/86, through the jail authorities, while D.B. Cr. Appeal No. 496/86 has been filed by him in represented capacity. This occurrence in this case, is alleged to have taken place on 22nd March, 1984 at about 9 -10 p.m., and the FIR was lodged on 24th March, 1984, in the morning at about 10.15 O'clock. The appellant is that nephew of Bheru Singh (deceased) and son of Hari Singh, who is the real brother of deceased Bheru Singh. Hari Singh and his brothers were four in number, and out of them, only Hari Singh was married and all others were unmarried, Mst. Sajjan Kanwar was the real sister of deceased Bheru Singh, and she was widow and living with her grand -daughter Mst. Mohan Kanwar at the house of deceased Bheru Singh. Bheru Singh had declared that he would bear the expenses of the marriage of Mst. Mohan Kanwar, grand -daughter of Mst Sajjan Kanwar, and that, he would give his land to Mst Sajjan Kanwar, for her maintenance. Due to this declaration, some dispute had arisen between Bheru Singh on one side and Hari Singh and his sons, on the other. According to tie prosecution, the accused appellant had given threatening to Bheru Singh, when he had purchased some articles in connection with the marriage of Mst. Mohan Kanwar, before the alleged occurrence. It is then alleged that the accused -appellant had come with knife in his hand, while Bheru Singh (deceased) was sleeping inside the 'Pol' and his brother Parbat Singh, in the chowk. And then, the accused gave knife blows to Bheru Singh first and then to Mst. Sajjan Kanwar, who had come to rescue her brother Bheru Singh. After inflicting the blows with knife, accused Kalyan Singh ran away. Bheru Singh received injuries on his head and died instantaneously. Mst. Sajjan Kanwar also received injuries and her four teeth were broken.
(3.) ON the above report, a case under Section 302, 307, 452 and 325, IPC was registered. During investigation, the police prepared a site -plan (Ex.P 2). On 23rd March, 1984 in presence of the Panchas of the village Panchayat and Parbat Singh, the informant of (he FIR (Ex.P 1), an inquest -report (Ex P 3) was prepared. Plood stained soil from the place where Bheru Singh was lying dead, was seized vide memo (Ex.P 4) and (Ex.P 5). The broken teeth of Msf. Sajjan Kanwar, were also recovered vide memo (Ex.P 6). The accused w as arrested, who then gave information that he had kept the knife with Dhan Singh. Then, the investigating officer on 9th July, 1985, recovered the knife, vide recovery -memo (Ex.P 8), from the possession of Dhan Singh. The said knife vas banded over to the police by Dhan sing himself. Post mortem examination on the dead body was conducted by Dr. R.C. Dubey PW 7, in whose opinion, the cause of death was the head -injury, heamorrhage and coma. The doctor also examined the injuries of Mst. Sajjan Kanwar. After completing the usual investigation, the police f submitted a challan against the accused.;