- (1.) This appeal by special leave assails the correctness of the judgment and order dated 2 nd December, 2003 passed by the High Court of Judicature for Rajasthan at Jodhpur whereby Criminal Appeal No.509 of 2001 filed by the respondents against their conviction and sentence for offences punishable under sections 148, 302/149, 323, 324/149 and 325 of the IPC has been partly allowed and while setting aside the conviction and sentence of the respondents under Section 302/149, affirmed their conviction for the remaining offences with the direction that the period already undergone by them shall suffice.
(2.) The facts giving rise to the filing of the charge-sheet against the respondents, their trial and conviction as also the filing of the appeal before the High Court have been set out at considerable length in the impugned judgment passed by the High Court. We need not therefore re-count the same over again except to the extent the same is absolutely necessary to understand the genesis of the prosecution case and the submissions made before us at the bar. Suffice it to say that Shambhu Lal (PW-1), Piru (PW-7) and Lalu (deceased) all real brothers and residents of village Sewana in the State of Rajasthan were on their way back from the house of one Arjunsha Ghanava on 23 rd January, 2000 at about 9.10 p.m., when they were attacked by the respondents Mohan Lal, Nathu, Suraj Mal, Laxman, Kalu and Balu Ram, also residents of village Sewana. The accused were, according to the prosecution, armed with lathis, and dhariyas (Scythes) which they used freely to cause injuries to the deceased and Shambu Lal (PW-1). The prosecution case is that Piru (PW-7) somehow managed to escape from the clutches of the respondents and rushed to the Police Station to lodge an oral report at about 11.30 p.m., on the basis whereof the police registered a case for offences punishable under Sections 147, 148, 149, 307, 323 and 341 of the IPC, and hurried to the place of occurrence to take the injured Shambhu and Lalu to Pratapgarh Hospital where Lalu succumbed to his injuries on 24 th January, 2000 at about 6.30 a.m. A charge under Section 302 IPC was accordingly added by the police who completed the investigation and filed a challan before the jurisdictional Judicial Magistrate. The respondents were committed to face trial to the Sessions Judge at Pratapgarh who made over the case to Additional Sessions Judge (Fast Track) before whom the respondents pleaded not guilty and claimed a trial. In support of its case, the prosecution examined as many as 17 witnesses including the Doctor who conducted the post-mortem examination of the deceased. The accused examined Vajeram in defence apart from getting Exh.D-1 to D-6 marked at the trial.
(3.) The Trial Court eventually came to the conclusion that the prosecution had succeeded in proving its case. All the accused-respondents were sentenced to undergo life imprisonment for offences of murder of deceased Lalu. In addition they were also sentenced to undergo imprisonment that ranged between one year to three years for offences punishable under Sections 323, 324 ad 325 of the IPC. A fine of Rs.1500/- in total and a sentence in default was also imposed upon them.;