SANGEET LODHA,J. - (1.) These two appeals preferred by the appellants; one through counsel and another the Jail Appeal through the Superintendent, Central Jail, Bikaner, are directed against judgment dated 12.6.89 passed by the learned Additional Sessions Judge No.1, Sri Ganganagar in Sessions Case No.32/87, whereby the appellants Smt. Guddi @ Jaspal Kaur, Ranjeet Singh and Srichand were convicted and sentenced as under: Smt. Guddi @ Jaspal Kaur : Under Section 302 / 34 IPC To suffer life imprisonment with fine of Rs.500/- and in default in payment of fine to further suffer 6 months rigorous imprisonment. U/s 326 IPC To suffer rigorous imprisonment for a period of 4 years with fine Rs.300/- and in default of payment of fine to further suffer rigorous imprisonment for three months. U/s 323/34 IPC To suffer rigorous imprisonment for a period of three months with fine of Rs.100/- and in default of payment of fine to further suffer one month rigorous imprisonment. Ranjeet Singh: Under Section 302 / 34 IPC To suffer life imprisonment with fine of Rs.500/- and in default in payment of fine to further suffer 6 months rigorous imprisonment. U/s 326/34 IPC To suffer rigorous imprisonment for a period of 4 years with fine Rs.300/- and in default of payment of fine to further suffer rigorous imprisonment for three months. U/s 323 IPC To suffer rigorous imprisonment for a period of three months with fine of Rs.100/- and in default of payment of fine to further suffer one month rigorous imprisonment. Srichand: Under Section 302 IPC To suffer life imprisonment with fine of Rs.500/- and in default of payment of fine to further suffer 6 months rigorous imprisonment. U/s 326/34 IPC To suffer rigorous imprisonment for a period of 4 years with fine Rs.300/- and in default of payment of fine to further suffer rigorous imprisonment for three months. U/s 323 IPC To suffer rigorous imprisonment for a period of three months with fine of Rs.100/- and in default of payment of fine to further suffer one month rigorous imprisonment. The sentences were directed to run concurrently.
(2.) Since two appeals have been filed by the appellants as aforesaid, the appeal being No.227/89 filed by the appellants through counsel is taken up for consideration.
(3.) In nutshell the prosecution case is that on 23.3.87 at 1 p.m. complainant Jagdish Singh s/o Gurbachhan Singh lodged an oral report at Police Station, Keshrisinghpur to the effect that on 22.3.87 at about 4.30-5 p.m. when he and his father Gurbachhan Singh were cutting the gram crop at their agriculture field comprising murabba no. 83, kila no.17 and 18, his elder brother Ranjeet Singh armed with 'barchha (saila)' javelin, brother Srichand and his wife Guddi armed with 'kasiya' came from the side of Gujarawali Kat and warned not to cut the gram crop and threatened to kill them. Despite complainant and his father begging for mercy, all the three while abusing, assaulted them with barchha and kasiya. Srichand inflicted barchha blow in the chest of Gurbachhan Singh who immediately fell down. Ranjeet Singh and Guddi w/o Srichand inflicted blows on the head, finger of left hand and other parts of the person of Jagdish Singh. Srichand inflicted blows by handle of barchha. At this juncture, Guddi w/o Ranjeet Singh intervened but all the three continued to beat Jagdish Singh and when he fell unconscious, they left the place. It was further stated that after quite sometime when Jagdish Singh regained consciousness he saw that his father Gurbachhan Singh was lying dead. He kept on crying and after few hours he proceeded to village Dhirangawali and narrated the entire incident to sons of Dara Singh and thereafter to Chand Singh, Member and Sarpanch Jugraj Singh. Then he proceeded to his village Kharla and out of fear, did not go to police station for lodging the report in the night.;