L.NAGESWARA RAO, J. - (1.) By a judgment dated 06.01.2006 of the Additional Sessions Judge, Neem-Ka-Thana, District Sikar, the Appellants were convicted for an offence under Section 302/149 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') and sentenced to undergo life imprisonment. They were also convicted under Section 452 IPC and sentenced to undergo five years' rigorous imprisonment. They were further convicted for an offence under Section 148 IPC and were sentenced to undergo two years' rigorous imprisonment. The Appeal filed by them was dismissed by the High Court of Rajasthan, aggrieved by which the Appellants have filed this Appeal.
(2.) Initially 12 persons were named in the First Information Report (FIR). After investigation 7 persons including the accused were charge-sheeted and tried. The Trial Court acquitted Gulabi Devi and Meva Devi. Lal Chand died during the pendency of trial. 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. We are informed that one of the Appellants, Kana Ram died during the pendency of this Appeal. At present, we are concerned with the conviction and sentence of Appellants Jagmal, Arvind and Om Prakash.
(3.) 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 course of the day on 19.02.2004. At about 05:30 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. The injured persons were taken to hospital at Neem-Ka-Thana. As the condition of Virendra and Vijendra was serious they were referred to SMS Hospital, Jaipur. Virendra succumbed on the same night. The post mortem was conducted on 20.02.2004. There were 11 injuries on the body of the deceased. The injured eye-witness PW-7 Gita Devi and PW-9 Smt. Patasi gave a graphic account of the assault by the accused persons and the injuries suffered by Virendra. ;