The Investigating Officer stated in his evidence that there was a cross case lodged by Lal Chand in which a charge sheet under Section 323, 324, 326 and 34 IPC was filed against Bahadur Mal and Vijay Singh Vijendra.
At about 0530 pm, the accused armed with lathies, iron rods, axe forcibly entered into the house where Virendra, Vijendra, Patasi and Gita Devi were sitting and attacked them.
Bihari Lal lodged a report at Police Station Patan, District Sikar, that his son Virendra and Lal Chand accused who died during the pendency of trial had an altercation during the companyrse of the day on 19.02.2004.
The injured eye witness PW 7 Gita Devi and PW 9 Smt.
The learned Senior Counsel relied upon the FIR lodged by the accused and the injury reports of the Appellants Jagmal Exh.
The Appeal filed by them was dismissed by the High Court of Rajasthan, aggrieved by which the Appellants have filed this Appeal.
D 20 and injury report of Lal Chand Exh.
After investigation 7 persons including the accused were charge sheeted and tried.
D 18, D 19 and D 21 were filed.
Patasi gave a graphic account of the assault by the accused persons and the injuries suffered by Virendra.
Suggestions were made to prosecution witnesses Gita, Ram Chandra, Patasi and Bihari about the companyplainant party being aggressors.
There were 11 injuries on the body of the deceased.
D 19 , Arvind Exh.
Along with the appeal filed by the Appellants, the revision filed against the acquittal of Gulabi Devi and Meva Devi were also taken up and dismissed.
Virendra succumbed on the same night.
The injury reports of the accused persons Exh.
The Trial Court acquitted Gulabi Devi and Meva Devi.
Lal Chand died during the pendency of trial.
The injured persons were taken to hospital at Neem Ka Thana.
We are informed that one of the Appellants, Kana Ram died during the pendency of this Appeal.
As the companydition of Virendra and Vijendra was serious they were referred to SMS Hospital, Jaipur.
Initially 12 persons were named in the First Information Report FIR .
At present, we are companycerned with the companyviction and sentence of Appellants Jagmal, Arvind and Om Prakash.
The post mortem was companyducted on 20.02.2004.
D 21 .
