- (1.) Heard the learned counsels for the parties.
(2.) The appellants, seven in number, have filed this appeal challenging the judgment dated 18.12.2002 passed by learned Additional Sessions Judge (Fast Track) No.1, Bharatpur in Sessions Case No.124/2001, whereby he has convicted and sentenced them as under : (A) Accused Kanhaiya Lal and Mahendra (i)Under Section 302 IPC Life imprisonment and a fine of Rs.1000/-, in default of payment of fine further 2 months S.I. (ii) Under Section 307/149 IPC 7 years R.I. and a fine of Rs.1000/-, in default of payment of fine further 1 month S.I. (iii) Under Section 326/149 IPC 4 years R.I. and a fine of Rs.1000/-, in default of payment of fine further 1 month S.I. (iv) Under Section 148 IPC 2 years R.I. and a fine of Rs.500/-, in default of payment of fine further 15 days S.I. (B) Accused Mahaveer (i)Under Section 302 IPC Life imprisonment and a fine of Rs.1000/-, in default of payment of fine further 2 months S.I. (ii) Under Section 307/149 IPC 7 years R.I. and a fine of Rs.1000/-, in default of payment of fine further 1 month S.I. (iii) Under Section 326 IPC 4 years R.I. and a fine of Rs.1000/-, in default of payment of fine further 1 month S.I. (iv) Under Section 148 IPC 2 years R.I. and a fine of Rs.500/-, in default of payment of fine further 15 days S.I. (C) Accused Udham (i) Under Section 302/149 IPC Life imprisonment and a fine of Rs.1000/-, in default of payment of fine further 2 months S.I. (ii) Under Section 307 IPC 7 years R.I. and a fine of Rs.1000/-, in default of payment of fine further 1 month S.I. (iii) Under Section 326/149 IPC 4 years R.I. and a fine of Rs.1000/-, in default of payment of fine further 1 month S.I. (iv) Under Section 148 IPC 2 years R.I. and a fine of Rs.500/-, in default of payment of fine further 15 days S.I. (D) Accused Shanti, Vimlesh & Pushpa (i) Under Section 302/149 IPC Life imprisonment and a fine of Rs.1000/- each, in default of payment of fine further 2 months S.I. (ii) Under Section 307/149 IPC 7 years R.I. and a fine of Rs.1000/- each, in default of payment of fine further 1 month S.I. (iii) Under Section 326/149 IPC 4 years R.I. and a find of Rs.1000/- each in default of payment of fine further 1 month S.I. (iv) Under Section 148 IPC 2 years R.I. and a fine of Rs.500/- each, in default of payment of fine further 15 days S.I.
(3.) The case of the prosecution was initiated on the 'Parcha Bayan' of Badan Singh S/o Gordhan Singh (Ex.P/1) recorded by the police on 2.11.1997 at 8.50 pm with regard to an incident alleged to have taken place at 5.00 pm. It was stated in the 'Parcha Bayan' that in the evening at about 5.00 pm Badan Singh, Lala Ram and Banney Singh, all real brothers, were going to the jungle and as soon as they reached the road they heard a hue and cry of Shiv Singh and Banno Singh. Thereafter all the three persons went towards that place and saw Shiv Singh running to the village. Banno and Satish, father and the son, had been put on the ground and Kanhaiya, Mahendra and Mahaveer were giving blows by 'Farsa' and Favda. Further, it was stated that Satish, Udham Singh, Netrapal, Randheer, Santi and wifes of Mahaveer and Mahendra were giving blows by 'Lathis' and 'Farsas'. It was also stated in the Parcha Bayan that when the said persons were asked not to quarrel then they replied that Banno would be done to death. Such a thing was objected to by the three brothers and they tried to intervene, as a result of which the accused Mahaveer, Mahendra, Uddam Singh, Netrapal, Randheer Singh and Kanhiya inflicted injuries to them on head, left elbow and wrist. Banno died on account of the injuries sustained by him during the course of incident. The quarrel is said to have taken place on account of demolition of 'Med' (land between two fields).;