Shiv Kumar Sharma, J. - (1.) The appellants, three in number, were the accused on the file of learned Additional Sessions Judge (Fast Track) No. 1 Bundi bearing Sessions Case No. 201/2001. Learned Judge vide judgment dated 13.6.2003 convicted appellant Prabhu Lal under Section 302 I.P.C. whereas appellants Jaswant Singh and Goverdhan Singh were found guilty under Section 302/34 I.P.C. Each of the appellants were sentenced to suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer simple imprisonment for three months.
(2.) It is the prosecution case that on 31.1.1996 around 2.30 P.M. when Jai Lal (since deceased) was going towards his field, the appellants pelted stones at him and caused injury on his person, as a result of which he fell down. Jai Lal was thereafter run over by the tractor driven by Prabhu Lal. Jaswant Singh and Goverdhan Singh were also sitting on the tractor. Jai Lal was removed to M.B.S. Hospital Kota where he was declared dead. Jamna Lal (PW-3) submitted written report of the incident at Police Station Talera (Bundi). On that report case under Section 304 I.P.C. was registered and investigation commenced. Necessary memos were drawn and after completion of investigation charge sheet was filed. In due course the case came up for trial before the Court of learned Additional Sessions Judge (Fast Track) No. 1 Bundi. Charges under Sections 302 and 302/34 I.P.C. were framed. The appellants denied the charges and claimed trial. The prosecution in support of its case examined as many as 23 witnesses. In the explanation under Section 313 Cr.P.C., the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.
(3.) Death of Jai Lal was homicidal in nature. As per post mortem report (Ex.P-2) following ante mortem injuries were found: 1. Bruise 4 in number 1/4" x 1/4" on forehead. 2. Bruise 1/4" x 1/4" on nose. 3. Abrasion 2" x 1/2" on epigastric region. 4. Abrasion 4" x 2" on Right thigh. 5. Lacerated wound 3" x 1" on left parietal region scalp. 6. Abrasion with black staining 6" x 4" on dorsum of right iliac region. 7. Abrasion 3" x 2" on upper part of back. According to Dr. Radhey Shyam Mehra (PW-2) the cause of death was extensive injuries on abdominal content and right iliac bone fracture leads to severe hemorrhage shock.;