Guman Singh, J. - (1.) In this appeal, appellants have challenged the judgment dated February 4, 2005, of the learned Additional Sessions Judge (Fast Track) No. 3, Bundi, in Sessions Case No. 42/2003, whereby appellants Laxmi Narain, Daulatram, Mahaveer S/o. Mathura Lal, Roop Ram Alias Roop Narain and Kamla Bai have been convicted and sentenced as under: - UNDER Ss. 147, 148, 323/149, 302/149 IPC U/S 147, each of the appellants to undergo rigorous imprisonment for one year; U/Section 148, two years rigorous imprisonment and under Sec. 323/149 rigorous imprisonment for one year. Under Sec. 302/149 IPC To under go Life Imprisonment and a fine of Rs. 2000/ - each, in default to further under go two months simple imprisonment. All the sentences were ordered to run concurrently. Briefly stated, the prosecution case is that on June 21, 2002 at 11 p.m. informant Mahaveer handed over a written report at Government Hospital, Bundi to Shri Amba Lal, A.S.I. P.S. Gandoli, wherein he reported that on the said day at about 4.30 to 5.30 p.m. he had gone with tractor to plough his land; then Laxmi Narain armed with iron pipe, Daulatram with lathi, Rupa Ram with 'Gandasi', Mahaveer with 'Dhariya' and Rajesh and wife of Laxmi Narain with swords, came there and first sword blow was inflicted on the head of his father Bhawani Shankar, by the wife of Laxmi Narain and then all of them inflicted injuries to him and ran away thinking him to be dead. The assailants had their houses nearby the field. Wife of Roop Narain also inflicted a cut injury on the leg of Bhawani Shanker. Bhawani Shankar was taken to hospital in unconscious state, there he succumbed to the injuries. This incident was also seen by the mother of the informant and Badri Lal, Moti Lal, Sunder Lal and Janki Lal. On the report being sent to the Police Station Gendoli, a case under Ss. 147, 148, 149, 447, 302 IPC was registered and investigation commenced. During the investigation, autopsy on the dead body of Bhawani Shanker was conducted, necessary memos were prepared, accused were arrested, recovery of weapon of offence was effected & statements under Sec. 161 Cr.P.C. were recorded. After collecting necessary evidence, charge sheet was filed and in due course, the case came up for trial before the learned Additional Sessions Judge (Fast Track No. 3), Bundi. Charges under Sec. 147, 148, 447, 323/149, 302/149 IPC were framed. The accused denied the charge and claimed trial. The prosecution in its support examined as many as 30 witnesses. In the explanation u/Section 313 Cr.P.C. the accused claimed innocence.
(2.) In the explanation under Sec. 313 Cr.P.C. appellant Laxmi Narain explained that the land in dispute jointly belonged to the parties. On the day of incident Mahaveer was asked by him not to plough the land. Mahaveer tried to strike him with pipe but the same was snatched by him (appellant). Then Mahaveer went to his house along with tractor but returned within 10 minutes along his father armed with weapons. Then Bhawani Shankar tried to plough with the tractor and when stopped by him (appellant), he inflicted two injuries to him. When Bhawani Shankar tried to strike for the third time, he caught hold of it which caused him to fall down from the tractor. Then he (appellant) also fell down and became unconscious. Thus, he did not inflict any injury to Bhawani Shankar. Four witnesses in defence were examined. Learned trial Judge on hearing final submissions, convicted and sentenced the accused appellants as indicated here -in -above.
(3.) We have heard learned counsel for the appellants, learned Public Prosecutor for the State and with their assistance scanned the material on record.;