KALYAN, DAULATRAM AND SUKHPAL Vs. THE STATE

JUDGEMENT

(1.) THESE three appeals, one by accused Kalyan, Daulatram and Sukhpal through their counsel, the second by accused Daulatram and Kalyan and the third by accused Sukhpal, both through jail are directed against the judgment of the Additional Sessions judge, Bundi, whereby he convicted Dauiatram under Section 302 IPC for the murder of Hardeva and Kalyan and Sukhpal under Section 302 and Section 302 read with Section 34 IPC for the murder of Gopiram alias Gopi respectively. Each one of them has been sentenced to under go imprisonment for life.

(2.) THE prosecution case as revealed by the eye witnesses PW 1 Jagannath, PW 7 Balaknath, PW 8 Lorkia end PW 9 Raghunath is like this.

(3.) PW 1 Jagannath, PW 7 Balaknath and PW 8 Lorkia who bad witnessed the incident narrated the same to one Kesharilal The latter went to the police station, Dei, situate at a distance of 12 miles from the place of the incident and lodged the First Information Report at 7.30 p. m. The first informant, however, could not be examined as he expired before the trial commenced. The Station House Officer, Dei, reached the scene of the occurrence and as Hardeva's condition was serious, he took Hardeva to Bundi in his jeep car. Since Hardeva's condition became very serious in the way, he got his dying declaration recorded by PW 11 Shri Kishen, Pradhan, Panchayat Samiti, Nenwa, which is Ex. P 26 on the record Hardeva was brought to the Bundi Hospital and from there he was taken to Kota for treatment, but he expired before he reached Kota. PW 2 Dr. Jai Gopal Arora conducted post -mortem examination on the dead bodies of Gopi and Hardeva. He found the following injuries on the body of Gopi: