(1.) This criminal appeal arises out of a judgment of the Sessions Judge, Bharatpur, whereby each of the appellants (Ramjilal, Hotilal & Deviram) has been convicted & sentenced as under: Briefly put, the facts may be epitomized as under:
(2.) After usual investigation and its completion, the police produced challan against the appellants & one Hariram, (who was sequined after trial). The accused were charged under Sections 302/3-1, 325/34, 323 & 341, IPC. They denied the charges and pleaded not guilty and claimed trial. Thirteen witnesses were examined by the prosecution to substantiate its charges. The accused were examined under Section 313, Cr. P.C. Ramjilal appeared in the witness box and examined himself as defence witness.
(3.) After trial, Hariram has been acquitted of the offences charged, and the present appellants have also been acquitted of the offences punishable under Sections 341, & 325/34, IPC. But, the appellants have been convicted under Section 302/34 for the death of Chhidi and under Section 323, IPC for the injuries on the persons of Smt. Hardevi & Murari, and then sentenced each of the appellants as stated in first Para of this judgment. Hence this appeal.