N.N.MATHUR,J. - (1.) APPELLANTS Mangya @ Mangilal, Mewa Ram @ Mewanath, Gangadhar and Ladu by the judgment of the Additional Sessions Judge No.3, Alwar dated 06.09.2000, have been convicted of offence Under Section 302/149 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.500 and in default of payment to further undergo six months rigorous imprisonment. The appellants have also been convicted for offence Under Sections 147, 149 and 342 IPC. They have been separately sentenced on each count. Al the sentences have been ordered to run concurrently.
(2.) 16 accused persons namely Mangya @ Mangilal, Mewaram @ Mewanath, Gangadhar, Ladu, Chhitar, Ramdhan, Virju, Shishupal, Ram Kishore, Kalyan, Ramkaran, Devi Sahay, Shyonath, Isar, Kajod and Ram Karan were sent for trial on the charge of murder of one Suresh and causing injuries to PW -2 Kailash. The prosecution case as disclosed during the trial is that the deceased Suresh had gone to his in -laws house in village Khanya, on 08.08.1998. On 09.08.1998. he along with his brother -in -law PW -2 Kailash went to the village kaled for purchasing bidi and match -box. While they were returning suddenly the villagers of Kaled which included Mangilal, Ishwar, Shyonath, Laduram, Gangadhar, Devi Sahay, Laduram, Kalyan Sahay, Ramkaran, Har Sahay, Virja, Nahnu, Kailash, Kalya, Bholya, Kajod, Ramkaran, Mewanath, Sahaya, Govindda, Mangilal, etc. caught -hold and took them to the village. They were tired with a tree and thrashed by legs and fist. On 10.09.1998, Kailash was released but Suresh was taken to the forest. It is alleged that in the forest he was thrashed on account of which he died. On 11.08.1998, an information of the incident was lodged by PW -11 Ramgopal at Police Station, Pratapgarh. After usual investigation police Laid chargesheet against 16 accused persons for offence Under Section 147, 149, 323, 342 and 302 IPC.
(3.) ALL the accused persons denied the charges leveled against them and claimed trial. Thee prosecution in support of the case examined 24 witnesses and produced certain documents. Analyzing the evidence the Trial court found the charges proved only against four appellants and as such convicted and sentenced them in the manner noticed above. The other accused persons have been acquitted of the charges leveled against them.;