GUPTA, J. - (1.) Through this appeal, appellants Lakhu Singh, Doongar Singh, Udai Singh, Khet Singh, Chand Singh, Ishwar Singh, Panney Singh, Asu Singh and Shaitan Singh have challenged the judgment of the learned Sessions Judge, Bikaner dated 23-1-1978 whereby he convicted and sentenced them as follows : (i) U/Sec. 148, IPC : One year R.I. (ii) U/Sec. 302/149, : Imprisonment for life IPC : and a fine of Rs. 100; in default, two months rigorous imprisonment. (iii) U/Sec. 307/149 IPC : 7 years R.I. and a fine of Rs. 50/-, in default, one month's R.I. (iv) Doongar Singh was also convicted under Section 325, IPC and sentenced to rigorous imprisonment for two years and accused Udai Singh was also convicted under Section 323, IPC and was sentenced to six months rigorous imprisonment. All the sentences were ordered to run concurrently.
(2.) Appellants Chand Singh and Panney Singh have expired during the pendency of appeal, and therefore, their appeal stands abated.
(3.) The facts of the case may be put in narrow compass. On 10-8-1975 at 2 am. Amra Ram (PW 3) approached Shri Jeev Raj Singh (PW 11) Dy. S. P. Bikaner and informed him that his father Moola Ram has been murdered and his mother and brother have been injured. Shri Jeev Raj Singh recorded his statement Ex. P/2 in which Amra Ram stated that in the evening, when he and his brother Surja while in their field, heard the cries of his mother and therefore, they rushed towards the place from where the cries were coming and on the way they met their brother Mahaveer who told them that their father was being beaten. As they reached near the place of occurrence, they saw accused Lakhu Singh, Shaitan Singh, Khet Singh, Chand Singh, Asu Singh, Doongar Singh, Udai Singh, Iswar Singh, and Panney Singh landing blows, to his father Moola Ram by spear 'Sela' and 'lathis' and his mother was crying for help. The 9 accused surrounded his brother Surja and started giving beatings to him and when his mother came to his rescue, she was also given beatings. It was stated that he took his father, brother and mother at the bus stand where Kishna Ram advised him to approach the police. In this statement it was also stated that for some days there was enmity between Lakhu Singh and his family and all the accused are related to Lakhu Singh. On this report, a case was registered at Police Station, Jamsar under Sections 147, 148, 149, and 307, IPC and the police chalked the formal FIR Ex. P/15. When the police went to the bus stand it found that Moola Ram had already died. The police held the usual investigation. The autopsy was held by Dr. Manohar Swami. He had also seen the injuries of Surja and Jaita. The accused were arrested and at the information of Lakhu Singh, Shaitan Singh and Chand Singh, 'Sela', spear and 'Kaisiya' were recovered. 'Lathis' were recovered at the instance of other accused. After the completion of the investigation a challan was submitted.;