Honble GUPTA, J.–Through this appeal, appellants Lakhu Singh, Doongar Singh, Udai Singh, Khet Singh, Chand Singh, Ishwar Singh, Panney Singh Asu Singh and Shaitan Singh have challenged the judgment of the learned Sessions Judge, Bikaner dated 23.1.78 whereby he convicted and sentenced them as follows :

(i) U/Sec. 148 IPC : One year R.I.

(ii) U/Sec. 302/149 IPC : Imprisonment for life and a fine of Rs. 100; in default, two months rigorous imprisonment.

(iii) U/Sec. 307/149 IPC : 7 years R.I.and a fine of Rs. 50/- in default, one months R.I.

(iv) Doongar Singh was also convicted under Sec. 325 IPC and senten- ced to rigorous imprisonment for two years and accused Udai Singh was also convicted under Sec. 323 IPC and was sentenced to six months rigorous imprisonment.

All the sentences were ordered to run concurrently.

(2). Appellants Chand Singh and Panney Singh have expired during the pen- dency of appeal, and therefore, their appeal stands abated.

(3). The facts of the case may be put in narrow compass. On 10.8.75 at 2 am. Amra Ram (PW 3) approached Shri Jeev Raj Singh (PW 11) Dy. S.P. Bikaner and informed him that his father Moola Ram has been murdered and his mother and brother have been injured. Shri Jeev Raj Singh recorded his statement Ex. P/2 in which Amra Ram stated that in the evening, when he and his brother Surja while in their field, heard the cries of his mother and therefore, they rushed towards the place from where the cries were coming and on the way they met their brother Mahaveer who told them that their father was being beaten. As they reached near the place of occurrence, they saw accused Lakhu Singh, Shaitan Singh, Khet Singh, Chand Singh, Asu Singh, Doongar Singh, Udai Singh, Ishwar Singh, and Panney Singh landing blows to his father Moola Ram by spear, `Sela and `lathis and his mother was crying for help. The 9 accused surrounded his brother Surja and started giving beatings to him and when his mother came to his rescue, she was also given beatings. It was stated that he took his father, brother and mother at the bus stand where Kishna Ram advised him to approach the police. In this statement it was also stated that for some days there was enmity between Lakhu Singh and his family and all the accused are related to Lakhu Singh. On this report, a case was registered at Police Station, Jamsar under Sec. 147, 148, 149, and 307 IPC and the police chalked the formal FIR Ex.P/15. When the police went to the bus stand it found that Moola Ram had already died. The police held the usual investigation. The autopsy was held by Dr. Manohar Swami. He had also seen the injuries of Surja and Jaita. The accused were arrested and at the information of Lakhu Singh, Shaitan Singh and Chand Singh, `Sela, spear and `Kasiya were recovered. `Lathis were recovered at the instance of other accused. After the completion of the investigation a challan was submitted.

(4). The Sessions Judge charged all the accused with the offences under Sec. 148, 307 and 302 IPC. They pleaded not guilty. The prosecution examined 12 witnesses. Out of them PW 1 Jaita and PW 2 Surja are the injured eye witnesses. PW 3 Amra is the eye witness who had lodged the FIR. PW 5 Phoose Khan was examined to give circumstantial evidence against accused Lakhu Singh. He has, however, turned hostile. PW 4 Kishna Ram was associated as `Motbir during investigation. PW 6 Magni Ram, Head Constable had taken the sealed packets of this case to the FSL at Jaipur. PW 8 Dr. S.C. Bhargava had x-rayed the injuries of Surja Ram and Jaita. PW 12 Dr. Hanuman Kaswan was examined to prove the writings and signatures on the post-mortem report and the injury reports prepared by Dr. Manohar Swami who has not been examined in the case. PW 7 Jasbir Singh, PW 9 Motilal. PW 10 Swaroop Singh and PW 11 Jeev Raj Singh are the police officials. In this case, the learned Sessions Judge had inspected the site and placed the inspection note on record. Accused in their statements under Sec. 313, Cr.P.C. d

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