Prakash Tatia, J. - (1.) This Appeal is against the judgment and order dated 30.4.2004 passed by the court of Addl. Sessions Judge Bali, District Pali whereby the appellants have been convicted for the offences and have been sentenced accordingly. (1) The accused appellants Hapu Ram, Manohar Singh, Sukh Ram, Shyam Lal, Prakash Kumar, Jagdish and Ram Swaroop all have been convicted under Section 148, IPC and sentenced to undergo two years' R.I. with fine of Rs. 1000/- and in default of payment of fine, to under go one month's R.I. (2) Accused Hapu Ram has been convicted under Section 302 whereas accused Manohar Singh, Sukh Ram, Shyam Lal, Prakash Kumar, Jagdish and Ram Swaroop have been conficted for the charge under Section 302/149, IPC and each has been sentenced to life imprisonment with a fine of Rs. 5000/- for each and in default thereof, to undergo three months R.I. (3) The accused Hapu Ram, Manohar Singh, Sukh Ram, Shyam Lal, Prakash Kumar, Jagdish and Ram Swaroop have been convicted for offence under Section 325/149, IPC and have been sentenced to undergo three years' R.I. with fine of Rs. 1000/- for each and in default thereof, to udnergo one months R.I. (4) Hapu Ram, Manohar Singh, Sukh Ram, Shyam Lal, Prakash Kumar, Jagdish and Ram Swaroop have been convicted for offence under Section 323/149, IPC and have been sentenced to undergo one year's imprisonment with a fine of Rs. 500/- each and in default thereof to under go 15 days' R.I. All the sentences to run concurrently.
(2.) Being aggrieved against the judgment and order of conviction and sentence dated 30.4.2004, the appellants have preferred this appeal.
(3.) The facts of the case are that on 5.7.1991 at 9.30 p.m., Deepak s/0 Shanker Lal gave Parcha Bayan (Ex.P.12 report) to the SHO PW-25 Ghewar Chand in a private hospital of Dr. Mewara at Seoganj and the SHO obtained signature Deepak on said Parcha Bayan. As per the Parcha Bayan, the complainant Deepak (PW-5) stated that about 8.45 p.m. he with victim deceased Vijay Mewara were sitting out side liquor shop no.2 of Vijay Mewara and at that time, no body was there nearby to them and at that time one person of the age of 35 to 40 years in pent-shirt, who was having brown eyes and brown mustache, having one lathi in his hand came and with him, about 15-20 persons were also came with having lathis. They came from the side of Gandhi Chowk and said brown eyes and brown mustache person inflicted one lathi blow on the had of his brother Vijay Mewara and thereafter all other persons started beating said Vijay Mewara and the complainant Deepak by lathis by inflicting repeated blows. He further stated that he is not knowing any of the persons by name, however, he can identify those assailants by face. In Parcha Bayan (Ex.P.12), he further stated that an hour before the incident, said brown eyes and brown mustache person came to the shop and asked the complainant Deepak about his name which he told to him, upon which said brown eyes and brown mustache person told him that he already committed murder in the State of Punjab and then he came to Nagaur and from Nagour he came here to join as guard in Mahaveer Cinema. In the Parcha Bayan itself, he stated that in this incident he suffered injuries on the head and hands and due to injuries suffered by Vijay Mewara, he died. On this Parcha Bayan, case under Sections 302, 147, 148, 149, 307 and 323 IPC was registered and formal FIR(Ex.P.52) was registered.;