(1.) BEING dissatisfied with the judgment dated 13th February, 1996 rendered in Sessions Trial No. 234/1995 by the learned III Add1. Sessions Judge, dewas, thereby he convicted the appellants for the offence under Sections 302/149, 147, 148, 323/149, IPC and respectively sentenced to suffer imprisonment for life, R. I. for one year, R. I. for two years and R. I. for one year each, the appellants have preferred this appeal. All the sentences were directed to run concurrently.
(2.) BRIEFLY stated the prosecution case before the Trial Court was that on 29-4-1995, in the night at about 1. 00 a. m. appellants reached Village sirvi Rampura at the house of deceased Budhia. They tried to take away daughter of Budhiya, Leelabai (P. W. 3 ). When Budhiya obstructed, they all had assaulted him by bow and arrow, iron chain and lathis. Budhiya died on the spot. When his wife Gitabai (P. W. 1), Madan (P. W. 2), Tarachand (P. W. 4) and his father Rugnathsingh (P. W. 11) tried to save Budhiya, they too were assaulted by the appellants. The appellants could not succeed in their desire to take away Leelabai (P. W. 3 ). The FIR was lodged by Gitabai (P. W. 1) vide ex. P-l next day early in the morning at 7. 30 a. m. It is further stated by the prosecution that the marriage of Leelabai (P. W. 3), the daughter of deceased budhiya was settled with appellant Mahesh, the son of appellant Ramsingh but the marriage was not solemnised for about three year. Therefore, they broke the engagement and settled the marriage of Leelabai with one Chouhan son of Bharmal and were preparing for marriage. The police party reached on the spot and after preparing inquest, sent the dead body of Budhiya for post-mortem examination. Post-mortem was performed by Dr. K. K. Sharma (P. W. 20) who found three injuries on the person of deceased; one lacerated wound at left Pinna, second lacerated wound on occipital region having depressed fracture and third is incised wound at the left thigh at middle one third. Post-mortem report is at Ex. P-29. He also examined Gitabai (P. W. 1), madan (P. W. 2), Tarachand (P. W. 4) and Rugnathsingh (P. W. 11) and found simple injuries on their person. Their MLC reports are vide Exs. P-26, P-27, p-25 and P-28 respectively. After necessary investigation, charge-sheet was filed. The learned Trial Court framed the charges against the appellants for the above mentioned offences and the same were denied by the appellants. They claims trial. The prosecution has examined as many as 20 witnesses to prove its case whereas appellants have not examined any witness. The appellants have been convicted as mentioned above.
(3.) WE have heard Shri Bhagwansingh and Shri M. S. Chouhan, learned Counsel for appellants, Shri G. Desai, learned Dy. A. G. for State and also persued the entire record.