Jagat Singh, J. - (1.) IN this appeal filed Under Section 374(2) Cr. P.C. accused appellants Nana, Bada and Sawa have been convicted Under Section 302/34 IPC and sentenced to life imprisonment with a fine of Rs. 100/ -. Accused appellant Sawa has also been convicted Under Section 324 IPC and awarded one year's simple imprisonment. However, co -accused Reshma and Sundara were convicted Under Section 323 IPC and were released on probation.
(2.) AGGRIEVED against the above judgment and conviction only Nana, Bada and Sawa have filed this appeal through jail in which Shri Suresh Kumbhat has been appointed as amicus curiae. The relevant facts as revealed from the prosecution evidence are that on the intervening night of 12th and 13th May, 1995 at about half past 12 these accused appellants and co -accused Sundara and Reshma were roaming in a village fair where they met Deeta (since deceased) and PW -2 Gena, PW -3 Narsa, PW -5 Uda and PW -9 Soma. There were other 10 -12 persons alongwith the accused appellants. Sawa and Nana were armed with knives and the remaining were having stones in their hands. The accused party came from the side of Devalchora. As soon they were spotted by the complainant party the latter ran towards Merpur road. Upon which Bada, Sundara and Reshma threw stones towards them causing injuries to Gena and Soma felling them down. Deeta (deceased) and Narsa PW -3 were caught by accused party. Accused appellants Sawa and Nana inflicted knife injuries on the back portion of Deeta causing bleeding. In the meantime Narsa PW -3 fled towards the fair and was chased and injured by Bada and Sundara causing knife injuries by which he fell down bleeding. In the melee Deeta died and Narsa fell unconscious.
(3.) AN FIR Ex.D/3 to the above effect was lodged at 12.45 A.M. on 13.5.1995 by Dhanna PW -1. After usual investigation five persons were charged and challaned in the court below Under Sections 302/34, 302/149*, 324/149, 325/149, 323/149 IPC.;