(1.) Both the appellants are convicted under Ss. 302/34 of the Indian Penal Code (Code for short) and sentenced to undergo imprisonment for life and to pay a fine of Rs. 50,000/- each in default to undergo additional R.I. for three years with the direction of payment of Rs. one lakh as compensation to Smt. Gaymini, the widow of deceased.
(2.) Both the appellants are real brothers of deceased Chaturbhuj alias Mastram (deceased for short).
(3.) As per prosecution, on 11/4/1994 at about 10.30 a.m. deceased was working in his barn. He was called by the appellants through their servant Sudama on the pretext that account of division of gmin has to be settled. Deceased went to the house of appellants where Santosh (A-2) caught hold of him and Layakmm (A-14) amputated both his hands from wrist and cut both the legs. Manimm Pathak, Ramswaroop Dhurri reached there hearing the cries of deceased. Prem Kumari (P.W. 13), his mother-in-law, Sandhya (P.W. 12), his sister-in-law and Gaimini, his wife rushed to the spot and saw both the appellants cutting the limbs of deceased. Laxminamyan (P.W. 11), father- in-law of the deceased came to know of the incident from one Raju Lohar. He rushed to Police Station Badoni to call the Police and returned on bicycle to the village and saw in the way that the deceased was being brought in a bullock cart of Ratna Kumbhar. Deceased informed him about his woe. He arranged for a tractor trolley and brought the deceased to P.S. Badoni where deceased lodged FIR (Ex.P/i0) which was scribed by Ajay Kumar Sharma (P.W.17). He recorded the statement of deceased vide Ex. P/14 on the same day.
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