MOHAMMAD RAFIQ,J. - (1.) At the outset, it may be noted that out of the four accused appellants, who have been convicted, three namely; Mala Ram S/o Babu Ram, Mala Ram S/o Birdha Ram (appeal no.461/1988) and Kalu Ram S/o Sheokaran (appeal no.458/1988) have already died during the pendency of the appeals. The appeal no.458/1988 filed by Kaluram was dismissed as having abated by this Court vide order dated 1st April, 2010. The appeal no.461/1988 qua the appellants Mala Ram S/o Babu Ram and Mala Ram S/o Birdha Ram is therefore also taken to have abated. Appeal now survives in respect of accused-appellant Pooran Mal.
(2.) This appeal is directed against the judgement dated 30.11.1988 passed by Additional Sessions Judge, Neem Ka Thana in Sessions Case No.15/1986, whereby accused-appellants have been convicted for offence u/s.302/34 IPC and sentenced to imprisonment of life with fine of Rs.100 and also for offence u/s.323/34 IPC sentenced to three months rigorous imprisonment. All the sentences were ordered to run concurrently.
(3.) Brief facts giving rise to this appeal are that an FIR was lodged by the complainant Nahar Mal Meena Son of Shri Parta Ram Meena on 08.02.1986 at 7:15 AM in Police Station, Patan (Sikar) regarding an incident, which took place on 07.02.1986 at about 8-9 PM. It was alleged in the report that when in the morning, he was passing by the house of Malaram and Kanaram Sons of Hanuman Meena, he listened the sound of weeping ('barghora') from the house of the said Shri Malaram and Kanaram. Thereupon, he went inside the house where the mother of the said Malaram and Kanaram told him that two persons namely; Kailash Ahir and Girdhari Ahir came to their house to call Malaram and Kanaram to Raipur mode. When they reached there, they found the accused appellants sitting there with one other accused Kaluram Keer also and all of them gave beating to Malaram and Kanaram with 'lathis' and 'kulhari', as a result of which Malaram died on the spot.;