- (1.) All the three appeals arise out of the judgment and order dated 4.9.1992 passed by Sri Kartar Singh, the then X Additional Sessions Judge, Agra in S.T. No. 16 of 1988 and as such they are being decided by this common judgment and order.
(2.) In Criminal Appeal No. 1682 of 1992, the appellants are Lauki and Munshi sons of Babu Lal. In Criminal Appeal No. 1683 of 1992, the appellants are Kishan Singh and Amar Singh alias Kunwar Singh sons of Khayali Kachhi. In Criminal Appeal No. 1698 of 1992, Nek Ram son of Chhotey Lal, Mohana alias Mohan Singh alias Mauna son of Thandi. Brijendra son of Thandi and Ninua son of Chiddha Lodha are the appellants. The eight accused appellant along with one Chhotey Lal were put to trial before the lower court. Chhotel Lal died after the framing of charges. So far as the appellants were concerned. Nek Ram, Lauki and Munshi wielded lathis in the commission of this offence whereas remaining five accused-appellants wielded spades (Phavras).
(3.) Accused-appellants Kishan Singh and Munshi died during the pendency of the appeals and the same abated respecting them. Presently, the Court is concerned only with the remaining six surviving accused-appellants, namely, Lauki, Amar Singh alias Kunwar Singh, Nek Ram, Mohana alias Mohan Singh alias Mauna, Brijendra and Ninua. The accused appellants Mohana alias Mohan Singh alias Mauna, Brijendra, Kishan Singh, Amar Singh alias Kunwar Singh and Ninua have convicted under Section 148 I.P.C. and sentenced to two years' rigorous I.P.C. imprisonment. They have also been convicted under Section 302 I.P.C. read with Section 149 and sentenced to life imprisonment with a fine of Rs. 2000/- each. In default of payment of fine, each of them has been ordered to undergo further rigorous imprisonment for one year. They have also been convicted under Section 323 I.P.C. read with Section 149 I.P.C. and sentenced to one year's rigourous imprisonment. The remaining three accused-appellants, namely, Nek Ram, Lauki and Munshi have been convicted under Section 147 I.P.C. with the sentence of one year's rigourous imprisonment, under Section 302 I.P.C. read with Section 149 I.P.C. with the sentence of life imprisonment and a fine of Rs. 2000/- with the direction of further rigourous imprisonment for one in default of payment of fine as also under Section 323 I.P.C. read with Section 149 I.P.C. with the sentence of one year's rigourous imprisonment. Substantive sentences have been ordered to run concurrently.;