SANGEET LODHA,J. - (1.) These appeals are directed against judgment and order dated 26.9.05 passed by the Additional Sessions Judge, Rajgarh (Churu) in Sessions Case No. 31/04 (7/01), whereby the appellants have been convicted and sentenced as under: Vinod Kumar Section 302 IPC Life imprisonment with fine Rs. 10,000/-; in default of payment of fine, to further undergo two months' rigorous imprisonment. Ramkumar, Rajesh, Smt. Chandro Devi Section 302/34 IPC Life imprisonment with fine Rs. 10,000/-; in default of payment of fine, to further undergo two months' rigorous imprisonment.
(2.) In nutshell the prosecution story may be summarised thus: On 6.11.2000 around 9.45 P.M. in the village Kalri Bari, water supply began and therefore, lots of people gathered at the water supply tank to draw water. Raghuveer Singh, who was present there, informed the crowd that they need hurry and may take out the water peacefully as he had telephonic conversation with Mangeram Mund, J.En., Water Works, who told that supply shall continue for one more hour. At that moment, Vinod Kumar told Raghuveer Singh that who is he to talk to J.En., there is no need to impose the leadership, he should go home. On this, Raghuveer Singh and Vinod Kumar entered into altercation then Rajkumar, the brother of Raghuveer Singh and his uncle Vijay Singh took away Raghuveer Singh to home. After ten minutes of Raghuveer Singh reaching home, Ramkumar, the father of Vinod Kumar came in front of his house and while shouting told Raghuveer Singh to come out of the house once, on this Raghuveer Singh went out of the house in the street outside, his brother Rajkumar and wife also followed him to the street. They saw that Ramkumar was holding right hand of Raghuveer Singh and Rajesh s/o Ramkumar, who was armed with lathi inflicted blow on elbow of left hand of Raghuveer Singh and Vinod Kumar who was armed with barchhi inflicted injury on the head of Raghuveer Singh by sharp edged side, as a result thereof, Raghuveer Singh fell on the ground and the blood started oozing out of his head and he become unconscious. Ramkumar's wife Chandro holding a stick was standing in verandah of her house and told Vinod to kill Raghuveer. Vijay Singh, Tarachand, Karan Singh, Jaiprakash and others, who were filling water also rushed to the spot. On their shouting at Vinod Kumar and Ramkumar, they fled away to their house leaving Raghuveer Singh behind. Raghuveer Singh was taken to Government Hospital, Rajgarh by Rajkumar, Vijay Singh, Karn Singh, Mor Singh and Tarachand in a jeep of villager Balwan. As soon as they reached hospital, Raghuveer Singh succumbed to the injuries, whose body was kept in hospital mortuary.
(3.) Narrating the incident occurred as aforesaid, P.W.1-Rajkumar submitted a written report (Ex.P/1) to the Station House Officer, Police Station, Hamirwas, at Government Hospital, Rajgarh. On the basis of the written report, the police registered the FIR (Ex.P/2) on 7.11.2000 at 2.30 A.M. and the investigation commenced.;