AMARESH KU.SINGH, J. - (1.) Heard the learned counsel for the appellants and the learned public prosecutor.
(2.) This appeal is directed against the judgment dated 30th May, 1978 passed by the learned Additional District and Sessions Judge No. 2, Hanumangarh in Sessions Case No. 61/77. By the aforesaid judgment, the appellants were convicted under Section 302 read with S. 34, I.P.C. and each of them was sentenced to imprisonment for life.
(3.) The facts of the case may be briefly summarised as below : On 18th April, 1976 at about 11 a.m. Mamraj lodged an oral First Information Report (Ex. P/2) at Police Station, Rawatsar. According to the First Information Report (Ex. P/2) the land of Mamraj is adjoining the land of Shama Jat. The sons of Shama Jat kept their animals in their field and sometimes they grazed their animals in the field of Mamraj by stealth. Because of this, relations between Mamraj and the sons of Shama Jat were strained. On 16th April, 1976 Mania s/o Shama Jat had beaten the cow of the complainant. When the complainant's father objected to it. Mania abused him. The complainant's father then slapped him. On the next day i.e. on 17th April, 1976 complainant's father and younger brother Rameshwar went to bring water, leaving complainant and her mother at the house. At about 8 p.m. complainant's brother Rameshwar returned to complainant's house and he told that in the field of Beejha Jat, at the time of sun set, Kishnia, Mania and Karnail Singh attacked his father. Kishnia, Mania were armed with lathies and Karnail Singh was armed with Sela. Karnail Singh said "Don't leave him alive kill him and teach him a lesson for slapping the child" and thereafter, the accused persons started inflicting blows on his father. In consequence of the injuries, complainant's father fell on the ground. On receiving the information about the incident, the complainant decided to start from his house, but his mother stopped him. When complainant's father did not return to his house, the complainant and his mother started from his house. When they were at some distance from the boundary they heard the sound of talking and saw three persons and a camel standing. The complainant then called "who was there" and then those persons threatened to kill the complainant in the event he dared to go near them. They further told the complainant that his father's dead body was lying there and saying that they had killed Rawata and threatened to kill him in the event he would go to the Police Station to lodge a report. Thereafter, those three persons went away with the animals. According to First Information Report, the complainant recognised them by the voice. They were Karnail Singh, Mania and Kishnia. After they went away, the complainant's mother went to the field and saw that the complainant's father Rawata was lying there in injured condition. He was already dead. The dead body of Rawata was carried to the complainant's field on the back of the camel. On the night, which followed, the complainant did not gather up sufficient courage to go to the Police Station to lodge the report. In the morning, he went to the police outpost, where Incharge was not available. He, therefore, went to the Police Station, Rawatsar and gave an oral information report. ;