- (1.) HEARD Learned Counsel for the parties.
(2.) THIS appeal has been preferred to challenge the judgment and order dated 25.7.1989 passed by learned Additional Sessions Judge, Bhilwara in Sessions Case No. 40/1987 by which the learned trial court convicted all the appellants as under: Offence Punishment Section 302 IPC To undergo imprisonment for life with r/w 149 IPC a fine of Rs. 50/ - and in default to further undergo 15 days imprisonment. Section 148 IPC To undergo 3 years RI with a fine of Rs. 50/ - and in default to further undergo 15 days imprisonment. Section 324 IPC To undergo 2 years RI with a fine of r/w 149 IPC Rs. 50/ - and in default to further undergo 15 days imprisonment. Section 323 IPC To undergo 1 years RI with a fine of r/w 149 IPC Rs. 50/ - and in default to further undergo 15 days imprisonment. As per the prosecution case, a written report Ex.P/1 was submitted by one Hukma Ram PW1 in Police Station Kareda. This report was signed by PW2 Kalu Ram, Sarpanch of the Village. As per the FIR dated 2.4.1987 (Ex.P/1), PW2 Kalu Ram, Sarpanch of the Village, when returned to his Village at 8:00 PM from Camp Gyan Garh and came to know that Lachu and his family members were assaulted by accused Nanda, Balu and 8 -10 other persons. He immediately went to the house of Lachu and found Lachu, his wife Sarju and his son Balu outside the room in injured condition and they had numerous injuries on their body. In the report Ex.P/1, some injuries have also been mentioned which were inflicted on Lachu and he was alive at that time but died after 1 hour. Injured Balu and Sarju were unconscious at that time but subsequently, they came to senses and on asking by the informant Kalu Ram, he was told that they were returning from the field with grass and fire wood and when they reached near the gate of Bhola Gujar, then Nanda with knife, Mangu with an axe and Gordhan, Shrawan, Balu, Hardeo, Manroop and Jalu came with lathies and after shouting, they started beating them. After beating Smt. Sarju and Balu, the assailants ran towards the house of Lachu saying that today Lachu is to be finished. At that time, Lachu was coming with his bullocks and the assailants started attack on Lachu. Raji and Shiva, daughter and son of Lachu respectively, came out of Guwadi and saw all the 8 accused assaulting Lachu and heard accused appellants shouting. Out of fear, both Raji and Shiva ran away. Meanwhile, witnesses Mangu and Harji came on the seen and brought all the three injured to their house. The accused persons also took away silver and gold ornaments from the person of Sarju.
(3.) ON the above report, a case under Sections 302 147 148 149 379 and 323 IPC was registered. During investigation, knife, axe and lathies were recovered after arrest of the appellants.;