PYARELAL, RANVEER AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order date 19.2.94 passed by the learned Sessions Judge, Jhunjhunu, whereby he convicted the appellants Pyarelal, Ranveer & Tarachand for offences under Sections 302/34 and 323/34, Penal Code and sentenced each one of them to undergo life imprisonment and to pay a fine of Rs. 1000.00 in default of payment thereof to undergo simple imprisonment for a further period of six months on the first count, and to undergo one years' rigorous imprisonment with a fine of Rs. 1000.00 in default of payment thereof to undergo simple imprisonment for a further period of six months on the second count, and also directed that their substantive sentence shall run concurrently.

(2.) Stated in succinct, the relevant facts are that on 15.7.92 at about 7.30 p.m. Natharam (deceased) alongwith his sons namely Rajesh (PW 5) & Dharmendra (PW 7) and his daughter Kumari Santosh (PW 6) aged about 12 years, was coming from his field and going to his house and when they were passing through the field of Arjunram (PW 1), the aforesaid appellants and co-accused Deshraj, who was a juvenile and was tried by the Juvenile Court, attacked on them. It is aileged that appellant Pyarelal was armed with 'Farsi', appellant Tarachand had a lathi, while appellant Ranveer and co-accused Deshraj were armed with 'Gandasies'. They told Natharam, "Tumko Aaj Janti Katwante Hai" (We will let you to cut the Jhanti tree today). Thereafter Pyarelal inflicted a 'farsi' blow on the foot of Natharam, as a result of which he fell down. Tarachand dealt a lathi blow on the head of Rajesh, who also fell down. It is alleged that appellant Pyarelal inflicted another 'farsi' blow on the head of Natharam while appellant Ranveer and co-accused Deshraj dealt multiple lathi blows on various parts of his body. When Kumari Santosh (PW 6) intervened, a lathi blow was also inflicted on her hand. When Arjunram (PW 1) also came to their rescue, he too was given beating by them. It is the case of prosecution that the said occurrence was also witnessed by Lekhram and that the said assailants after inflicting injuries to Natharam, who had died on the spot, dragged his dead body and placed the same near the 'Dhani' of appellant Pyarelal. Rajesh (PW 5) submitted a written report (Ex.P 15) on the next day, i.e. on 16.7.92 at 11.30 A.M. at Police Station, Nawalgarh, whereupon formal FIR (Ex.R 16) was drawn and case was registered. Bhagwan Singh (PW 11) SHO Police Station Nawalgarh inspected the site, prepared the inquest report of the dead body of Natharam and lifted samples of blood stained soil as also control sample of soil from the spot.

(3.) Dr. Ganeshram Gupta (PW 8) conducted autopsy on the dead body of Natharam and prepared post mortem examination report (Ex.P 18). He found the following injuries: