(1.) THESE two appeals are directed against the judgment dated 27. 10. 89 passed by the learned Addl. Sessions Judge, Bhilwara convicting the accused appellants Babu Lal and Madan Lal of offence u/s. 302, 120-B, 364 and 201 I. P. C. The appellants Kishna and Mohan have been convicted of offence u/s. 302/34, 120-B, 364/34 and 201 I. P. C. The appellants have been sentenced to imprisonment for life and to pay a fine of Rs. 100/-and in default of payment to further undergo 15 days S. I. The appellants have also been sentenced for offence u/s. 364 and 201 I. P. C. All the sentences have been ordered to run concurrently.
(2.) BEFORE stating the prosecution case, in traditional way, we propose to give a preclude to the incident as disclosed during the trial which in our opinion is necessary to narrate, since it serves as a strong motive, hetching the conspiracy for the horrifying crime executed in cruel manner.
(3.) PW/23 Dr. Manak Chand Kalal has stated that he conducted the post-mortem of the dead body of Pawan Kumar and prepared the post mortem report Ex. P/22. He found that there was a fracture on left parietal bone extending from the level pinna to midline. He also found a fracture on frontal bone in midline for 1 1/2". In his opinion, the deceased died due to head injury.