ASHARAM S/O SHIVDEEN Vs. DHUMAN S/O GORELAL

JUDGEMENT

(1.) These appeals are directed against the judgment and order dated 21.01.2004 passed by the Additional Sessions Judge Khurai District Sagar in Sessions Trial No.298/2002, whereby each of the accused-appellants stood convicted under Sections 147, 148, 302 read with 149, 307 read with 149 and 323 read with 149 (two counts) of the IPC and sentenced to suffer on first count R.I. for six months, second count R.I. for one year, third count R.I. for life, fourth count R.I. for seven years and fifth and the last count R.I. for three months for each out of the two counts. The sentences in the aforesaid Sections are directed to run concurrently. It be noted that the fine sentence in any of the Sections is not imposed by the learned ASJ.

(2.) The prosecution case as unfolded before the trial Court in the course of trial, in brief, is as under:-

(3.) The learned Additional Sessions Judge framed the charges against all the accused persons under Sections 147, 148, 302 and in alternative 302 read with 149, 307 (for making an attempt on the life of Raghunath) and in alternative 307 read with 149 and 323 (two counts- for causing simple injuries to Nima Bai and Sunny Bai) and in alternative 323 read with 149 IPC. The accused persons denied the charges and opted for trial. Thereupon, the learned ASJ put them to trial. In the examination under Section 313 Cr.P.C., the accused persons denied all the circumstances and incriminating evidence appearing against them in the prosecution evidence. Their defence was, simpliciter, false implication by the complainant party on account of old enmity. However, they did not adduce any evidence either oral or documentary in their defence. The learned ASJ, having analyzed and appreciated the evidence on record, has found the accused persons guilty of committing murder of deceased Gungun, making an attempt to murder Raghunath and causing simple injuries to complainant Nima Bai and Sunny Bai in furtherance of common object having formed an unlawful assembly. Upon the aforesaid findings, the learned ASJ convicted them under Sections 147, 148, 302 read with 149, 307 read with 149 and 323 read with 149 (two counts) IPC and sentenced them thereunder as noted in para 1 of this judgment. Feeling aggrieved by the impugned judgment, the accused persons are before this Court in the appeals under Section 374 (2) Cr.P.C.