Mahesh Bhagwati, J. - (1.) Challenge in this appeal is to the judgment dated 19th November, 1984 whereby the Sessions Judge, Sikar convicted the accused appellants Lala @ Harlal and Deepa Ram in the offences under Sec. 452, 307/34, 325/34 and 323/ 34 of IPC and sentenced as under: - All the sentences were ordered to run concurrently.
(2.) The nub of the appellants story is that on 13th March, 1984 PW1 Deburam was sleeping in his house. It is alleged that in the intervening night of 13th and 14th of March 1984 at about 1.00 -1.30 A.M., the accused persons Deepa Ram and Lala Ram armed with clubs entered in the house and gave a serious beating with lathis to him as a result of which he sustained numerous injuries. Having heard the shrieks of Deburam, his wife PW2 Radha Devi and his brother Sadaram reached there who saw both the accused persons fleeing from there. PW3 Sadaram immediately removed his brother Deburam to Hospital at Sikar. On account of his serious condition, the complainant remained busy in looking after him. Finally on 15th March, 1984 Sadaram submitted a written report Ex.P2 to the SHO Raghunathgarh whereupon FIR Ex.P3 was lodged and investigation commenced.
(3.) The Investigating Officer recorded the statements of the witnesses acquainted with the facts and circumstances of the case, arrested the accused Lala @ Harlal vide memo Ex.P8, seized a lathi vide memo Ex. P10 at the instance of accused Lala, prepared the site plan of recovery place and after usual investigation sent both the appellants for trial to the competent Court.;