- (1.) Both the above mentioned appeals, although decided by separate judgments passed by Additional Sessions Judge (Fast Track) No. 1 and Additional Sessions Judge (Fast Track) No. 2, Bundi on 24.9.2003 and 25.4.2006 in Sessions Case Nos. 136/2001 and 48/2005 respectively, arise out of FIR No. 74/2000 registered on 13.4.2000 at Police Station Talera on the basis of written report Ex. P. 3 submitted by PW. 3 Harjeet Singh. Hence are being decided by a common order. Out of the appellants of Appeal No. 1456/03, four namely Ajit, Baldev, Gurdeep and Trilok Singh sons of Amrik are real brothers and Mangal Singh is their gainer brother-in-law. Whereas appellants of Appeal No. 446/06 namely Mahal Singh and Tahal Singh are the sons of Mangal Singh - appellant No. 5 of Appeal No. 1456/03.
(2.) By way of these two impugned judgments dated 24.9.2003 and 25.4.2006, accused appellants of Appeal No. 1456/03 namely Mangal Singh and Trilok Singh have been convicted for offence punishable u/S. 302 IPC simpliciter and all the five (Ajit, Gurdeep, Baldev, Mangal and Trilok) were convicted for offence punishable under Sections 302/149, 307/149, 148 and 323, IPC.
(3.) Brief facts of the case as mentioned in Ex. P.3, written report, are that on 12.4.2000 the complainant Harjeet Singh's elder brother Jaswant Singh (the deceased) and his maternal father-in-law Hajara Singh, had come to his village from village Ajeta to celebrate Baisakhi falling on 13.4.2000. Further that Amreek Singh, the father of appellants Ajit, Baldev, Gurdeep and Trilok on one side and complainant's brother-in-law (loser) Ranjeet Singh on the other side, had a dispute with regard to the common way and there had been a litigation between the two wherein Ranjit Singh was ordered to give way from his field to the father of appellants No. 1 to 4. He alleged that on 12.4.2000, in the presence of complainant's elder brother (deceased) Jaswant-Singh @ Jassa, a wordly wrangle had taken place between Ranjeet Singh and Amrik Singh's son qua the dispute regarding the common way and on the day of Baisakhi i.e. 13.4.2000, all the family members of the complainant and also his brother-in-law's family, went to Gurudwara in Badgaon (Bundi) and returned back at about 8:45 p.m. The guests i.e. the deceased Jaswant Singh and complainant's maternal father-in-law Hajara Singh also came by Ranjit Singh's jeep but stayed back in complainant's house for dinner. At about 9:00 P.M. deceased Jassa and PW. 1 Hajara Singh went to Harjeet Singh's tube-well situated in his field in order to wash themselves.;