SWAROOPA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 21 -5 -1984 passed by 'he Sessions Judge, Sawaimadhopur whereby he convicted each of the accused -appellants under Section 302/34, IPC, and sentenced each of them to imprisonment for life and a fine of Rs. 3,000/ - each and in default of payment of fine to further undergo 2 years RI each.

(2.) ONE Laddu, son of Rugha lodged a written report at PS -Sawai -madhopur at about 1 PM on 2 -5 -1982, to the effect that his brother, Badri had gone to have a wnestling bout, and that at about 7.50 pm, he (Laddu) came to know on the basis of a rumour in the village that the sons of Kalyan had thrown his brother Badri (deceased) after causing grievous injuries to him, into a culvert known as Bahi -ka -Nala'. Thereupon, Ladu along with Sanwalia Rampal and many other persons rushed to the place of occurrence, where Badri was lying drenched with blood. At that time, Badri was alive. Ramnath Soniya, Bhadya and Mandhya were sitting by the side of Badri (deceased). Laddu asked his brother as to what had happened, to which, Badri replied that Swaroop and Badri sons of Kalyan had given him beating with Gandasi and lathi. Injured Badri was then taken to bus -stand at Kundera on a cot and while he was being taken to hospital Sawaimadhopur, in the way, he he expired. It was also alleged in the said report that there was enmity and litigations were going on between Badri (deceased) and Kalyan, the father of the accused -appellants; and that on account of that enmity the accused persons had committed the murder of his brother Badri.

(3.) DURING investigation, site -plan Ex. P.2 was prepared. Bloodstained earth was seized from the place of occurrence. Panchanama Ex. P.7 was also prepared at the spot. Post mortem on the dead body of Badri was conducted by Dr. R.S. Gupta, PW 12; and the post -mortem report is Ex. P. 8. The accused persons were arrested on 3 -5 -1982. Thereafter, on the information and at the instance of accused Ramsaroop, a Gandasi was recovered vide memoEx. P. 21. On the information and at the instance of accused Badri, son of Kalyan, a lathi was recovered vide memo Ex. P. 22. The Gandasi and the lathi were then sent to forensic science laboratory and the serologist, whose reports are Ex. P. 23 and Ex. P. 24 respectively.