JAS RAJ CHOPRA, J. - (1.) THIS appeal is directed against the Judgment of the learned Additional Sessions Judge, Raisinghnagar dated 25 -3 -1987 were by the learned Judge has found the accused -petitioners Brijlal and Kishnaram guilty of the offence under Sections 304 Part II and 325/34 IPC and has sentenced them to 7 years rigorous imprisonment together with a fine of Rs. 500/ - on the first count and 4 years rigorous imprisonment together with a fine of Rs. 500/ - on the second count. But these substantive sentences have been ordered to run concurrently.
(2.) THE facts necessary to be noticed for the disposal of this appeal briefly stated are: that on 5 -7 -1984, Shri Birbalram resident of village Keepli Tehsil Anoopgarh went to Mandi Ramsinghpur for check up and treatment of his mother and father. In the evening, his mother and father were sent back on a camel cart and he started for his village on foot. In the way, he met accused -petitioners Brijlal and Kishnaram resident of village Keepli. They were armed with lathies. Thereafter, Mishrasingh Jatsikh's son came with a tractor. All three bearded that tractor and started for village Keepli. It is alleged that when they were only one Murabba away from their village, accused Brijlal asked the tractor driver to stop the tractor and said that they will get down to drink water Birbalram too was persuaded to get down from the tractor. Mishrasingh Jatsikh's son did dot wait for them and he went away with his tractor. Thereafter, it is alleged that accused Brijlal told Birbalram that he has helped Hukmaram Meghwal in lodging a case against him in the matter of molestation of his wife and as, he will teach a lesson to him. Later it is alleged that accused Brijlal caught hold of him and accused Kishnaram inflicted a lathi blow on his right leg by which he fell down and then both these accused -persons started beating him with lathies. On hearing his cries Jagmal and Amichand came there and on seeing them, the accused -petitioners ran away from the place of the occurrence. Thereafter, a tractor was brought from the village and injured Birbalram was shifted to the Hospital, where his injuries were get medically examined by the Medical Officer, Govt. Hospital, Anoopgarh, who found 25 injuries on his person, out of which, two injuries were alleged to have been caused by sharp -weapon and the rest of the injuries were blunt weapon injuries. The Medical examination report was sent to the Police and the Police recorded the statement of the injured Birbalram and on the basis of that information, FIR Ex. P 1 was drawn Injury No. 1 which was on the right lower leg i e. shin was found to be grievous inflicted by sharp weapon As the injured has stated that he was beaten by lathies, a letter was written by the SHO to the Medical Officer for seaking certain clarifications. The Medical Officer reported that injuries No. 1 and 3 are by blunt weapon injuries. How ever, injured Birbalram died on 14 -7 -1984 and, therefore, his postmortem examination was get conducted. His blood stained clothes etc. were sent for chemical examination. The accused -petitioners were arrested. One lathi each was recovered from their possession which, of course, were not found blood stained and, therefore, they were not sent for chemical examination. After usual investigation, a case against both these accused -petitioners was challaned to stand trial for the offence under Section 302 IPC. The prosecution examined as many as 10 witnesses in support of its case. The statements of the accused persons were recorded under Section 313 Cr.P.C. The accused -petitioners examined two witnesses in their defence. After hearing both the parties, the learned lower court has decided this case as aforesaid. Hence this appeal.
(3.) I have heard Mr. Doongarsingh, the learned Counsel appearing for the accused -petitioners Mr. L.M. Lodha, the learned Public Prosecutor for the State. I have carefully gone through the record of the case.;