- (1.) Learned counsel for the applicant submits that he does not press his appeal for inadequate compensation, however, he be given liberty to make a prayer for compensation in the pending appeals filed by the convicts Ram Niwas, Gopi and Budh Ram (respondents No.2 to 4) respectively. He further submits that acquittal of Rajesh and Raj Bala (respondents No.5 and 6) is improper as it is contrary to evidence and material on record. Therefore, the appeal against their acquittal be admitted and they be convicted and sentenced for the offences for which they were charged. We have heard learned counsel for the applicant/appellant.
(2.) The learned Additional Sessions Judge has held Ram Niwas, Gopi and Budh Ram (respondents No.2 to 4 respectively) guilty for committing the offence punishable under Section 302 read with Section 34 of the Indian Penal Code ("IPC"- for short) for causing the death of Ajeet @ Gajanand in furtherance of their common intention by inflicting multiple bodily injuries to him with their 'dandas'. They have been convicted and sentenced to undergo life imprisonment each, besides, pay a fine of Rs.3,000/- each and in default thereof undergo further imprisonment for 6 months each. Rajesh and Raj Bala (respondents No.5 and 6) have, however been acquitted and against their acquittal, the present appeal is being pressed. First information report ("FIR"- for short) in the case has been recorded on the statement of complainant-Sanjay Kumar (PW-2) son of Ramjas (PW-3). The complainant made his statement before the police that he was an agriculturist by profession. He received information late in the night at about 3/3:15 a.m. that his nephew Ajeet @ Gajanand (deceased) had been injured in village Kikral. The complainant then along with his father namely Ramjas (PW-3) reached village Kikral. There he came to know that his nephew Ajeet @ Gajanand (deceased) was present in the house of one Ram Niwas (respondent No.2). The complainant and his father then went to the house of said Ram Niwas (respondent No.2) and found his nephew Ajeet @ Gajanand was badly injured. The complainant alleged that Gopi (respondent No.3) and Budh Ram (respondent No.4) brought out Ajeet @ Gajanand from their house and Ram Niwas (respondent No.2) started beating him (Ajeet @ Gajanand) with 'dandas'. When they objected then aforesaid Ram Niwas (respondent No.2) informed him that Ajeet @ Gajanand had trespassed into their house. Thereafter, they took Ajeet @ Gajanand to General Hospital, Siwani, but he succumbed to his injuries there. The complainant alleged that Ajeet @ Gajanand was killed by Ram Niwas, Gopi and Budh Ram (respondents No.2, 3 and 4 respectively) because his nephew had helped the daughter of Budh Ram (respondent No.4) in copying during examinations. In other words they suspected that Ajeet @ Gajanand had an eye on the daughter of Budh Ram (respondent No.4).
(3.) On the statement Ex.P5 of complainant, FIR Ex.P25 was registered at Police Station Siwani for the offences punishable under Section 302/34 IPC. Investigation was conducted in the case and after completion of investigation, police report was filed in the Court of the learned Sub-Divisional Judicial Magistrate, Siwani. The case was then committed to the Court of learned Sessions Judge, Bhiwani.;