Prakash Tatia, J. - (1.) D.B. Criminal Jail Appeal No.396/82 has been sent to this Court by accused victims Sheo Pal and Mahaveer through jail authorities to challenge the judgment and order of conviction and sentence dated 9.9.1982 passed by the court of Addl. Sessions Judge, Nagaur camp Didwana in Sessions Case No.13/82, by which the appellant Sheo Pal has been convicted under Section 302/34 and 323, IPC and has been sentenced to undergo life imprisonment under Section 302/34, IPC and a fine of Rs.100/- has been imposed and under Section 323, IPC, appellant Sheo Pal has been sentenced to one year's rigorous imprisonment. Appellant Mahaveer has been convicted under Section 302/34, IPC and has been sentenced to undergo life imprisonment and a fine of Rs.100/- has been imposed upon him. One more accused Smt. Prem who is wife of appellant Sheo Pal has been convicted by the same judgment for offence under Section 302, IPC and she has been sentenced to undergo life imprisonment with fine of Rs.100/-. Appellants Smt. Prem and above two appellants Sheo Pal and Mahaveer jointly preferred D.B.Criminal Appeal No.367/1982 through their counsel to challenge the same judgment and order of conviction and sentence referred above.
(2.) Brief facts of the case are that on 17.2.1982 in mid-night at quarter to two, Trilok Chand submitted a written report to the SHO, Police Station, Baradwa (Ex.P.7) and informed the police that on 16.2.1982, he returned to his village Kayamsar at 6 p.m. after distributing the Dak and at that time, his uncle Sheo Pal, his aunty Smt. Prem and uncle's daughter Santosh and uncle's son-in-law Mahaveer were sitting in their house and were talking. He, the complainant, his father and his father's uncle Rughaji and Rughaji's son Sanwar Mal were sitting in complainant's house. The complainant's father Bhanwar Lal, who was residing at village Losal but he came to meet complainant on that day only. Seeing complainant's father Bhanwar Lal in the chowk of complainant, accused Sheo Pal, Mahaveer, Santosh and Smt. Prem w/o Sheo Pal attacked upon his father Bhanwar Lal. Smt. Prem has kulhari in her hand and Sheo Pal, Mahaveer and Santosh had lathis with them. Because of several injuries by kulhari on the head of Bhanwar Lal, he fell down. The complainant himself tried to save his father then complainant's uncle accused Sheo Pal gave beating to complainant also. In the effort of saving the father of the complainant from the hands of the accusedappellants, he hit accused with lathi because of which the accused suffered one or two injuries. However, all the accused believing that Bhanwar Lal has died, ran from the spot. The complainant took the victim Bhanwar Lal to village Losal by bus but they were advised to take the victim Bhanwar Lal to bigger hospital at Sikar, upon which from one Madan Lal, a vehicle was got arranged but during this period, the victim Bhanwar Lal died. The complainant stated that Bhanwar Lal and Sheo Pal had dispute with respect to one open land and, therefore, because of this enmity, accused killed victim Bhanwar Lal. On the basis of above report (Ex. P.7), a case under Section 302, 120B and 34, IPC was registered after recording formal FIR No.6/82 (Ex. P.10).
(3.) During investigation, site was inspected and site map (Ex. P.15) and site report (Ex. P.5) were prepared. The sample soil and blood stained soil were seized and their memos were prepared. The seizure memo for the dead-body of deceased Bhanwar Lal (Ex.P.2) was prepared. The injured complainant Trilok Chand's blood stained shirt was also seized and seizure memo Ex. P.3 was prepared. Accused Smt. Prem, Sheo Pal and Mahaveer were arrested and their arrest memos Ex. P.6, Ex. P.11 and Ex. P.12 were prepared. Accused Mahaveer gave information under Section 27, Evidence Act (Ex. P.12), in pursuance of which lathis were recovered and recovery memo Ex. P.13 was prepared. Accused Smt. Prem gave information under Section 27, Evidence Act vide Ex.P.16, in pursuance of which weapon of offence Kulhari was recovered and recovery memo Ex.P.14 was prepared. The post-mortem was conducted by Dr. Ram Singh (PW-5) and the post-mortem report Ex.P.4 was prepared. There were total nine injuries on the body of deceased Bhanwar Lal which includes four incised wounds, one lacerated wound, two bruises and two abrasions. As per the medical opinion, the injuries no.1,2 and 3 alone as well as because of their cumulative effect, were sufficient to cause the death of the victim. The victim Trilok Chand was examined by Dr.Amrit Lal (PW-9) and found four injuries on the body of the injured complainant Trilok Chand.;