Thus all the appellants had indiscriminately inflicted injuries on the person of deceased Shayam Lal and Balkishan, while appellant Girraj and Bheru Lal crushed their heads with stones.
Shortly stated the prosecution case is that one Basanti Bai, PW 7 lodged a report with police station Raipur, District Jhalawar on 26.10.1997 at about 430 p.m. to the effect that her sons, Shayam Lal and Balkishan were belaboured by the seven accused persons.
1 Bheru Lal, original accused No.3, Kailash Chandra and original accused No.
The other witnesses, namely, Ram Prasad PW 3 , Kanwar Lal PW 5 and Puri Lal PW 6 have number chosen to support the prosecution and they were rightly declared hostile.
6 and Gopal, original accused No.4.
898 of 2004 filed by three appellants as also the Special Leave Petition filed by the State of Rajasthan against the acquittal of one of the accused who was companyvicted by the Trial Court but was acquitted by the High Court.
The High Court allowed the appeal of accused Girraj and acquitted him.
The three accused persons, namely, original accused No.
However, the Sessions Judge companyvicted in all five accused persons including the present three appellants and two others, namely, Girraj, original accused No.
We are, therefore, left with the appeal filed by the three appellants named above.
It was further alleged that after this ghastly incident, the appellants had set at fire the tractor trolley, stack of onion and groundnut.
It companyfirmed the companyviction and sentence of the remaining four accused persons.
Originally, the appeal seems to have been filed on behalf of all the four accused including Gopal but the name of Gopal was thereafter removed from the array of appellants.
We enquired from the Registry as to whether Gopal had filed any appeal but we were informed that there was numberappeal filed by him.
Originally, as many as seven accused persons were tried for all these offences.
It was further stated that the appellant Bheru Lal and Kailash Chandra had inflicted sword blows on the left and right hand and neck of Shayam Lal while appellant Purushottam and Gopal gave sword and spear blows, respectively, on the back and head of Balkishan.
