G.L.GUPTA, J. - (1.) THE above mentioned five appeals have been preferred against the judgment and order dated 4th of Feb. 1977 passed by the learned Additional Sessions Judge, Sirohi whereby the accused were convicted and sentenced as follows: Shivdarshan Singh (Now dead) Under Section 148 IPC One year R.I. Under Section 302 IPC Imprisonment for life Under Section 306/149 IPC 7 years R.I. Under Section 27 Indian Arms Act 3 Years R.I. Yogendra Singh (Now dead) Under Section 148 IPC One year R.I. Under Section 302/149 IPC Imprisonment for life Under Section 307 IPC 10 years R.I. Under Section 27 of Indian Arms Act 3 Years R.I. Chanderpal Singh Under Section 148 IPC One years R.I. Under Section 326/149 IPC 5 years R.I. Under Section 27 of Indian Arms Act 3 years R.I. Heera Under Section 148 IPC One year R.I. Under Section 326/149 IPC 5 Years R.I. Jethu Singh, Rama, Pukhiya and Chhagan: Under Section 147 IPC Six months R.I. Under Section 326/149 IPC 5 years R.I. All the sentences were ordered to run concurrently.
(2.) THE Statge has filed Appeal No. 365/77 challenging the acquittal of accused Chanderpal Singh, Heera, Rama, Chhagan, Jethu and Pukhiya under Section 302/149 IPC. The other four appeals have been filed by the accused persons questioning their conviction. As all these five appeals arise oiutg of one and the same judgment, so they have been heard together and are being disposed of by this common judgment.
(3.) ON 31.12.1973 at 11.45 a.m. Tulsi Ram, P.W. 3 lodged a report at Police out post Sanderao in which it was stated that at 10 a.m. his father Gamji, father's elder brother Somaji, brother Bhenrulal, Narayan, Mohan, Kantilal and Chunnilal etc. were sitting at 'Bera Podrava'. At that time Jeep RJL 1103 came from the side of Sanderao crossing which was being driven by accused Pukhiya. Yogendra Singh, Shivdarshan Singh, Chanderpal Singh, Rama, Jetha, Chhagan and Heera alighted from the Jeep. Shivdarshan Singh, Yogendra Singh and Chanderpal Singh had guns, Heera had 'Farsi', and Rama, Chhagan and Jetha had lathis in their hands. Shivdarshan Singh fired his gun which hit his father Gamji and Yogendra Singh fired his gun hitting his brother Bhenru. One bullet fired by the accused was lodged in the shutter of the gate. On this report Laxman Singh, H.C. rushed to the spot and took steps to shift the injured to the hospital. He sent the report to the S.H.O., P.S. Takhatgarh through Kanaram Kalal, where a case under Sections 148, 149 and 307 IPC was registered. The investigation was started by Circle Officer Bali. Both the injured Gamji and Bhenru were shifted to Bangar Hospital, Pali, Dying declaration of Gamji was recorded by Kan Singh, Sub -Inspector, Pali. Dr. Hargovind (P.W. 17) examined the injuries of Bhenru and Gamji on the same day. He prepared the injury reports Ex. P/19 and P/23. The injuries were X -rayed and the reports were prepared. Gamji died in the hospital at 6.55 p.m. on 3.1.74. Dr. Hargovind held the autopsy on his body on 4.1.74 and prepared the post -mortem report Ex. P/28. On the death of Gamji the case was converted into Section 302 IPC. The police inspected the site, collected blood stained soil interrogated the witnesses and arrested the accused. Weapons were recovered at the instance of the accused. After the completion of the investigation a challan was filed against all the persons named in the FIR.;