Honble SHIV KUMAR SHARMA, J.–The four appellants in this appeal namely, Ishwar Singh, Rajendra Singh, Basti Ram and Rang Rao have challenged the judgment dated October 30, 2001 of the learned Additional Sessions Judge (Fast Track) Jhunjhunu whereby they have been convicted and sentenced as under:-

U/s. 302/34 IPC Each to suffer Imprisonment for life and fine of Rs. 500/-, in default to further suffer six Months Rigorous Imprisonment.

U/s. 341 IPC Each to suffer Simple Imprisonment for one month.

U/s. 323/34 IPC Each to suffer Simple Imprisonment for six months.

U/s. 324/34 IPC Each to suffer Rigorous Imprisonment for one year and fine of Rs. 200/-, in default to further suffer three months Simple Imprisonment.

The sentences were ordered to run concurrently.

(2). The prosecution case as unfolded during trial is that informant Om Prakash (PW.3) submitted written report (Ex.P-11) to the SHO Police Station Khetri at camp Ganesh Pura on March 23, 1998 at 11.30 AM with the averments that his father Joravar Singh was killed by appellants Basti Ram, Rajendra and Ishwar Singh infront of the house of appellant Rang Rao Master. In the course of incident Hari Ram, Ram Prakash, wife of Hari Ram and Rajesh Kumar also sustained injuries. Case under sections 302/34 and 323/341 IPC was registered and investigation commenced. Ram Prakash who was seriously injured and was admitted to Khetri City Hospital subsequently died and dead bodies of Joravar Singh and Ram Prakash were subjected to autopsy. Statements of the witnesses were recorded. Site plan was drawn. Appellants were arrested. Weapons allegedly used in commission of offence got recovered at the instance of the appellants. On completion of investigation charge sheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Jhunjhunu. Charges under Sections 341, 302 in the alternative 302/34, 323 in the alternative 323/34 IPC were framed against the appellants who denied the charges and claimed trial. As many as 17 witnesses were examined by the prosecution in support of its case. In their explanation under Section 313 Cr.P.C. the appellants pleaded innocence. Ishwar Singh and Rajendra Singh stated that on March 23, 1998 at 8 AM when they were in their house and taking tea, Jora Ram and Ram Prakash armed with pharsi and axe, came to their house and started teasing the ladies. When they made attempt to intervene, they were given beating. At that time Rang Rao and Basti Ram were on duty and not present in the house. Basti Ram stated that on the date of incident he was posted as Chowkidar in the Irrigation Department Narnol. Rang Rao stated that he was not present in the house at the time of incident. He was Physical Training Instructor in the school at village Papurna and left his village Ganeshpura on March 16, 1998. The Head Master of the school on March 21, 1998 directed him not to leave Head Quarter as question papers of Board Examination were about to reach. At village Papurna he had rented a house and he used to reside in that house. On March 23, 1998 ladies came from village Ganeshpura and informed him at village Papurna that Jora Ram and Ram Prakash entered their house and had a quarrel. In support of their defence the appellants got examined five witnesses. Learned trial Judge on hearing final submission convicted and sentenced the appellants as indicated herein above.

(3). The case of the prosecution rests on the testimony of Rajesh Kumar (PW.1), Sumer Singh (PW.9), Hari Ram (PW.10) and Kailash Devi (PW.11), Dr. B.S. Dadarwal (PW.12) performed autopsy on the dead bodies of Ram Prakash and Jorawar Singh and as per post mortem reports (Ex.P-18 and 19) found following ante mortem injuries:-

RAM PRAKASH (EX.P-18):-

``(i) Head (Scalp & skull): One incised stitched wound size 9" long covering the area from the left ear lbute extending upwards anterior part of left temporal bone & left Parietal bone reaching upto the mind line of Head. On ope

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