KAILASH CHANDRA JOSHI, J. - (1.) By the common judgment dated 31.07.04 , passed in sessions Case No.38/2003, the learned Addl. Sessions Judge (Fast Track) , Nagaur, acquitted the accused Rameshwar Lal, Sarwan Ram @ Sarwan Kumar and Parwati for the offences under section 302, 302/149, 324, 324/149, 323, and 341 IPC and convicted the present accused appellants Jagdev @ Jagdish @ Jaggu Ram and Shyam Lal for the offences under section 302 IPC and section 25 (1-B) (b) of Arms Act and punished each one of them by sentencing them to life imprisonment and a fine of Rs.1,000/- and further to serve sentence of two months' rigorous imprisonment in default of payment of fine for offence under section 302 IPC, to undergo sentence of three years' rigorous imprisonment and a fine of Rs.500/- and in default of payment of fine to further undergo one month's rigorous imprisonment under section 4/25 of the Arms Act.
(2.) It was further ordered by the learned trial court to serve the above sentences concurrently. Aggrieved by the above judgment of conviction, the accused appellants Jagdev and Shyam Lal filed this DB Cri. Appeal No.923/2004 challenging the judgment of conviction and order of sentence and the State has filed DB Cri.Appeal No.1174/2004 against the judgment of acquittal of Rameshwar Lal, Sarwan Ram @ Sarwan Kumar and Parwati. We are deciding both these appeals by a common judgment, because of the fact that both the appeals arise out of the same judgment.
(3.) In order to dispose of both the appeals ' it would be proper to narrate the facts of the case in a nut shell. The nub of the prosecution story is that on 17.09.2002 at about 10.30 PM PW/3 Jugal Kishore submitted a written report Ex.P/25 at Govt. Hospital , Nagaur to PW/18 Ram Niwas, the Assistant Sub-Inspector of Police Station, Rol, stating that on 19.09.02 at about 08.30 PM his brother Prahlad Ram had gone to STD Booth, to have a talk with some one. While he was returning, accused Jagdev @ Jagdish @ Jaggu Ram s/o Shrawan Ram restrained him on the way and confronted him regarding the objections which the deceased was making for the engagement of his uncle's son. However, Prahlad denied the same. At the same time Jagdev @ Jagdish @ Jaggu Ram inflicted a knife blow to Prahlad and his nephew Shyam Lal. Rameshwar Lal, and Sarwan Ram also came to the spot with a 'sariya' and 'lathi' and started beating the deceased. Thereafter, Sarwan's wife , Gajju and Nena also joined them . Thereafter, Hari Ram and Kesar came to the spot and intervened. Finally, Prahlad and Shivraj succumbed to their injuries. On the basis of the above report, FIR No. 88/2002 dated 18.09.2002 was lodged against the accused persons and the investigation commenced.;