Farooq Hasan, J. - (1.) Appellants, Karam Singh & Sawai Singh, we convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and a fine of Rs. 500/- in default of payment of fine to further undergo three months R.I. by the learned Additional Sessions Judge, Beawar by his judgment dated March 8, 1988. They have come up in appeal and challenge their conviction.
(2.) Briefly stated the prosecution case is that on a report lodged by Kishan Singh (P.W. 2) at police station Sadar Beawar on 17-8-1987 for an incident of the very day a case was registered for an offence under Section 307 of the Indian Penal Code, against the accused persons including the appellants It was alleged report, that at 9.30 p.m. on 17-8-87, informant-Kishan Singh went to the house ofT his uncle, Jetha Singh, on hearing hue and cry and there found that Jetha Singh, and his son Shrwan Singh were being belaboured by the appellants Amar Singh, Pukhraj and Mahendra Singh were named as eyewitnesses of the incident. After the death of injured, Shrwan Singh dated on 20-8-87 the case was converted for the offence under Section 302 of the Indian Penal Code. After usual investigation, a challan was presented against the appellants alongwith Ladu Singh for the offences mentioned in the charge sheet. Learned Trial Court after framing charges recorded statements of 16 prosecution witnesses. The appellants in their statement under Section 313 of the Criminal Procedure Code denied prosecution allegation levelled against them. Learned Trial Court found only appellants guilty of the offence under Section 302 of the Indian Penal Code and co-accused Ladu Singh was held responsible under Section 325 of the Indian Penal Code for causing injuries on the person of Jetha Singh.
(3.) We have heard Shri Jagdeep Dhankhar learned Advocate on behalf of the appellants and Shri Rizwan Alvi Public Prosecutor for the State. We have perused the record.;