S.S. BYAS, J.— These two appeals by five appellants are directed against the judgment of the learned Sessions Judge, Merta dated July 30, 1979 convicting and sentencing them as under:-

S.

No. Name of Accused Offence U/S Sentence Awarded

1. Jai Ram 302/149, IPC Imprisonment for life

147. IPC Six months rigorous imprisonment.

447, IPC Three months rigorous imprisonment.

323, IPC Six months rigorous imprisonment.

379, IPC One years rigorous imprisonment.

2. Smt. Premli 302/149, IPC Imprisonment for life.

147, IPC Six months rigorous imprisonment.

447, IPC Three months rigorous imprisonment.

323, IPC Six months rigorous imprisonment.

379, IPC One years rigorous imprisonment.

3. Bharta Ram 302/149, IPC Imprisonment for life.

147, IPC Six months rigorous imprisonment.

447, IPC Three months rigorous imprisonment.

323, IPC Six months rigorous imprisonment.

379, IPC One years rigorous imprisonment.

4. Khinya Ram 302/149, IPC Imprisonment for life.

147, IPC Six months rigorous imprisonment.

447, IPC Three months rigorous imprisonment.

325, IPC Six months rigorous imprisonment.

379, IPC One years rigorous imprisonment.

5. Ugma 302/149, IPC imprisonment for life.

147, IPC Six months rigorous imprisonment.

447, IPC Three months rigorous imprisonment.

323, IPC Six months rigorous imprisonment.

Since both these appeals arise out of one and the same judgment, they were heard together and are disposed of by a common judgment.

2. Briefly stated, the facts and circumstances leading to the prosecution and conviction of the appellants are as under. There are two deceased-victims and a number of injured persons in the case. The deceased-victims are Baksa-Ram and his son Surja Ram.

3. PW 6 Hardeen is the son. PW 9 Mst. Sohini is the daughter, PW 7 Mst. Maluri is the widow of the deceased victim Baksaram while PW 8 Mst. Kamla is the widow of the other deceased-victim Surjaram. They were living together in their Dhani situate in their field in Mauja Rol Chandawata Tehsil Merta District Nagaur. There were strained relations between the appellant Jairam and the deceased-victim Baksaram. Appellant Jairam had filed a suit against Baksaram which was pending at the relevant times when the incident took place. The appellants are also residents of the same village Rol Chandawata. At dawn-break on June 23, 1978 the deceased-victim Surjaram was ploughing his field situate continuous to the Dhani. The appellants accompanied with three more persons namely Khinyaram, Ramsukh and Hemaram came there where Surjaram was working. They were armed with lathies and other lethal weapons. They made an attack on Surjaram. Surjaram ran towards his Dhani and raised cries. Hearing his cries his father Baksaram (deceased-victim) his mother Smt, Maluri (PW 7,) his brother Hardeen (PW 6), his wife Smt. Kamla (PW8), his sister Mst. Sohini (PW9) came out. The appellants and their companions started landing blows with their weapons to Surjaram. Surjaram fell down. Baksaram tried to intervene and he too was not spared. Surjaram and Baksaram were given severe beatings, as a result of which they fell down and passed away instantaneously on the spot. Hardeen, Smt. Maluri, Smt. Kamla and Mst. Sohini were also not spared and they too were beaten. There was no adult male member in the family except the two deceased-victims. PW 6 Hardeen was a boy of 10-11 years at the time of the incident. It is alleged that the culprits, while leaving the place of occurrence, forcibly took away a gold chain, a gold Bor and the gold Loongs of the injured victims. The news of the murders spread in the village. PW 15 Hanumansingh went to Police Station, Merta Road and reported that as per rumour in the village, Baksaram and Surjaram were murdered. The information was recorded in "Rojnamcha" of the Police Station. It is Ex. p. 45. Since the information was vague and disclosed nothing material, PW 16 Shaitansingh Head Constable Police immediately left for the spot. He there found the victims deadbodies

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