Honble SHARMA, J.–As many as 8 accused were put up on trial before the learned Additional Sessions Judge Sambhar Lake, Jaipur Distt. in Sessions Case No. 18/94. The learned trial judge, acquitted one accused Suraj Mal but convicted and sentenced the seven appellants vide its judgment dated July 18, 1996 as under:-

1. 2. Phool Chand Moti Lal U/s. 302/149 IPC Life Imprisonment with fine of Rs. 20,000/- in default to further undergo six months SI.

U/s. 148 IPC. One Year RI with fine of Rs. 2000/- in default to further undergo one month SI.

U/s. 324 IPC Six months RI with fine of Rs. 2000/- in default to further undergo one month SI.

U/s. 323/149 IPC Three months RI with fine of Rs. 1000 in default to further undergo 15 days SI.

U/s. 341 IPC 15 days RI with fine of Rs. 500/- in default to further undergo 7 days SI

3. Nanda @ Nand Kishore U/s. 302/149 IPC Life Imprisonment with fine of Rs. 10,000/- in default to further undergo four months SI

U/s. 148 IPC. One Year RI with fine of Rs. 2000/- in default to further undergo one month SI.

U/s. 324 IPC Six months RI with fine of Rs. 2000/- in default to further undergo one month SI.

U/s. 323/149 IPC Three months RI with fine of Rs. 1000 in default to further undergo 15 days SI.

U/s. 341 IPC 15 days RI with fine of Rs. 500/- in default to further undergo 7 days SI

4. 5. 6. Sua Lal Anna Ram Nanuram U/s. 302/149 IPC Life Imprisonment with fine of Rs. 10,000/- in default to further undergo four months SI

7. Om Prakash U/s. 148 IPC. One Year RI with fine of Rs. 2000/- in default to further undergo one month SI.

U/s. 324/149 IPC Six months RI with fine of Rs. 2000/- in default to further undergo one month SI.

U/s. 323/149 IPC Three months RI with fine of Rs. 1000 in default to further undergo 15 days SI.

U/s. 341 IPC 15 days RI with fine of Rs. 500/- in default to further undergo 7 days SI.

(2). The said judgment has been assailed by the appellants in the instant appeal. During the pendency of the appeal, the Superintendent Central Jail, Jaipur vide letter dated May 29, 1998 intimated that the appellant Sua Lal son of Narain died on May 24, 1998. In view of the said intimation the appeal of Sua Lal stands abated and proceedings against accused Sua Lal are ordered to be dropped.

(3). The State of Rajasthan has also preferred D.B. Cr. Appeal No. 68/97 against the impugned judgment in so far as it relates the acquittal of Suraj Mal is concerned.

(4). Kalu Ram, the father of the deceased Gyan Chand has filed Criminal Revision No. 508/1996 seeking enhancement of the sentence.

(5). The prosecution case as pictured during trial may be summarised thus-

(i) Complainant Ram Chandra PW.13 submitted a written report to the SHO Police Station Jobner on November 11, 1993 around 11.00 a.m. with the averments that when he was going to poll his vote alongwith Gyan Chand and Ram Kishore he found Phool Chand son of Nandaram, Moti son of Nandaram, Sua Lal son of Narain, Nanu son of Bilala, Anna son of Onkar, Nanda son of Jagdish, and Om Prakash son of Balu Ram near the underbridge coming from opposite side and all of sudden Phool Chand gave knife blow over left thigh of Gyan Chand and Nanda inflicted knife blow on the left shoulder of the complainant. When they ran towards Bus Stand, they were followed by the assailants who caught hold of them near Pareek Clinic and there Phool Chand and Moti Meena continuously inflicted knife blows on the back of Gyan as a result of which he fell down but even thereafter Phool Chand did inflict knife blows on the person of Gyan Prakash. Ram Kishore when made attempt to rescue Gyan all the assailants inflicted injuries with knives and lathies on his person mercilessly. Gyan was taken to the Hospital where he was declared dead. The police registered a case under Sections 148, 302, 302/149, 323, 323/149, 341, 324, 324/149, 307, 307/149 IPC and investigation commenced. Site inspections memo were drawn. Autopsy on the dead body of Gyan was conducted. Statements of witnesses

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