While they were waiting for the bus, Rajdhar of village Lapawali, along with others, arrived there in a tractor.
Appellant Radhey was also armed with an axe.
P 7 at Jagal Tan, Village Lapawali on 04/02/1991 at around 3.50 p.m., stating that on 04/02/1991 at 8.00 a.m., he and his son Rameshwar accompanied his other sons Balram and Bhagwan Singh who were going to Hindaun School to see them off.
The case was companymitted to the Sessions Court and numbered as T. No.356 of 1992.
12 of 1993.
On the basis of this report, a case under Sections 147, 148, 324, 326, 302, 307 read with Section 149 and Section 341 of the IPC was registered.
Appellant Sheesh Ram was armed with a sword.
After companymittal of the said case to the Sessions Court, it was numbered as S.T. No.
Balram was badly injured.
All the persons jumped from the tractor.
Later on, Accused 3 Battu dealt an axe blow on his throat.
Accused Battu was armed with an axe.
Against the appellants, charge sheet was laid on 3/2/1993.
The eye witnesses are PW 2 Khushiram, PW 3 Rameshwar, PW 4 Yadram and PW 5 Bhagwan Singh, who is an injured witness.
Appellant Rameshwar was armed with a dhariya and others were having lathis.
They were standing on the road near the turn between Lapawali and Dhara.
Accused 1 Sheesh Ram followed Bhagwan Singh, caught hold of him and inflicted injuries on him.
Another charge sheet was laid against accused Hanse, Har Sahai and Rajdhar.
The accused followed them.
Balram fell down.
Accused Ram Kunwar was arrested on 23/6/1991.
They encircled PW 5 Bhagwan Singh, his father and brothers.
Bhagwan Singh was admitted in the hospital at Karauli.
He succumbed to the injuries.
Others too companytinued assaulting Balram.
On companypletion of investigation, charge sheet was laid against Ram Kunwar.
Other accused also inflicted injuries on him.
They have challenged judgment and order dated 29/5/2003 passed in Criminal Appeal No.322 of 1998 by the Rajasthan High Court, companyfirming their companyviction and sentence.
The accused pleaded number guilty to the charge and examined seven witnesses in their defence.
Accused 3 Battu exhorted do number let this opportunity slip off.
Accused 1 Sheesh Ram, Accused 2 Radhey, Accused 3 Battu, Accused 4 Rameshwar in S.T. No.12 of 1993 , Accused Ram Kunwar, Accused Hansey and Accused Har Sahai in S.T. No.350 of 1992 stopped the tractor.
Thereafter, he became unconscious.
Both the cases were tried together as they arose out of the same FIR.
Balram fell down.
PW 2 Khushiram, PW 3 Rameshwar and PW 4 Yadram have companyroborated this witness.
Appellant Sheesh Ram dealt an axe blow on Balram when he had fallen down.
Under the impression that Bhagwan Singh had died, all the accused left the place.
Accused 2 Radhey caught hold of Balram and assaulted him with a Kulhari.
Rajdhar halted the tractor near them.
His father and brother Rameshwar ran towards the village.
Complainant Heera and his son Rameshwar saved their life by fleeing towards the village.
The appellants, who were sitting in the tractor, got down.
In support of its case, the prosecution examined 20 witnesses out of which, four are eye witnesses.
RANJANA PRAKASH DESAI, J. The appellants are original Accused Nos.1, 2 and 4 respectively in T. No.12 of 1993.
He has number appealed against the order companyvicting and sentencing him.
His elder son Balram fled towards the south from the road.
One Heera son of Surajmal lodged a companyplaint Ex.
