- (1.) This judgment will dispose of the afore-mentioned appeals preferred by The State of Rajasthan as well as by the accused appellants against the judgment and order dated 30.7.1980 passed by the learned Sessions Judge. Sikar in the matter of FIR No. 112/79 of P.S. Neem-ka-Thana (Sikar) (Ex. P/27) in sessions case No. 42/1979.
(2.) Accused named (i) Todarmal (ii) Devki Nandan (sons of Sh. Mohan Lal Vaidya); (iii) Mohan Lal Vaidya; (iv) Mohan, (v) Nagar Mal and (vi) Prakash Nayak (sons of Hanuman Nayak), (vii) Ramavtar and (viii) Prakash sons of Dwarka Prasad, had been set up for trial in the first instance.
(3.) Vide judgment dated 30.7.80 in Sessions case No. 42/79, learned Sessions Judge, Sikar acquitted Mohan Lal Vaidya whereas other seven were convicted and sentenced as under for the offences punishable under Sections 147, 307/149, 302, and 324 IPC. The order of conviction and sentence was as under: (i) Accused -appellant Todarmal was convicted & sentenced as under: (a) For offence under Section 302 IPC: Sentenced to life imprisonment and fine of Rs. 50/-. (b) For offence under Section 147 IPC: Sentenced to 6 months' R. I. (c) For offence under Section 307/149 IPC: Sentenced to 2 years 9 months' R.I. and fine of Rs. 50/- (ii) Accused-appellant Devki Nandan was convicted & sentenced as under: (a) For offence under Section 147 IPC: Sentenced to 6 months' R.I. (b) For offence under Section 307/149 IPC: Sentenced to 2 years 9 months' R.I. and fine of Rs. 50/-. (iii) Accused-appellants Nagarmal, Prakash Nayak & Prakash Soni were convicted and sentenced as under: (a) For offences Under Section 147 IPC: Sentenced to 6 months' R.I. (b) For offences Under Section 307/149 IPC 2 years' 9 months' R.I. and fine of Rs. 50/-; in default of payment of fine each to further undergo one month's R.I. (iv) Accused-appellants Mohan Nayak & Ramavtar Sunar were convicted and sentenced as under: (a) For offences Under Section 147 IPC: Sentenced to 6 months' R.I. (b) For offences Under Section 307/149 IPC 2 years' 9 months' R.I. and fine of Rs. 50/-; in default of payment of fine each to further undergo one month's R.I. (c) For offence under Section 324 IPC: Sentenced to 1 year's R.I. The sentences were ordered to run concurrently.;