JAWAHAR LAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On the request of the parties and taking into consideration the contentions raised in the appeal before us, we have finally heard the appeal.

(2.) This appeal is directed against the judgment and order dated Oct. 9, 1995 whereby the appellants have been convicted under Sec. 302/34 Penal Code to suffer imprisonment for life and to pay a fine of Rs. 500.00 each in default of payment of fine to undergo simple imprisonment for four months.

(3.) Both the appellants were tried before the learned Sessions Judge, Baran for causing murder of Mathura Lal son of Gopi Lal in the morning of 28th Oct., 1994. The report of the incident was made,by Gordhan son of Ram Chandra Meghwal at police station Nahargarh district Baran on the day of the incident at 4 p.m. On the report, crime No. 82/94 was registered under Sec. 302 read with 34 IPC. After registering the case, investigation commenced. Inspection of the scene of occurrence was made on 29th Oct., 1994 at 2.00 p.m. and site plan Ex.R/1 was prepared in the presence of Sheonath and Janki Lal. The police seized blood, stained soil and control soil from the place of incident vide seizure memo Ex.P./2. The inquest report Ex.R/5 was prepared on the day of incident at 4.15 p.m. the autopsy of the dead body was conducted by Dr. Rajendra Soni, RW. 15, and he found the following injuries on the dead body.