Narendra Kumar Jain, J. - (1.) HEARD learned Counsel for the parties.
(2.) SIXTEEN accused -Appellants namely Hari Charan S/o Madan Lal, Kanhaiya Lal S/o Madan Lal, Bhanwar Lal S/o Chhitar Lal, Pratap S/o Mangli Lal, Hazari Lal S/o Mangali Lal, Kajod S/o Badri Lal, Modu Lal S/o Madho Lal, Devi Lal S/o Onkar Lal, Babu Lal S/o Latoor Lal, Ram Singh S/o Ganga Ram, Jagannath S/o Ballabh, Chhitar Lal S/o Bheru Lal, Radhey Shyam S/o Mangi Lal, Laxman Singh S/o Panna Lal, Chhotu Hari Lal S/o Madho Lal and Jagdish S/o Moti Lal have preferred the present appeal challenging their conviction and sentence passed by the Additional Sessions Judge (Fast Track), Chhabra, District, Baran in Sessions Case No. 18/2002, whereby accused -Appellants have been convicted and sentenced as under: APPELLANTS CHHOTU S/O MADHO LAL & JAGDISH S/O MOTI LAL: REMAINING 14 ACCUSED -APPELLANTS: Under Section 148 IPC To undergo rigorous imprisonment for two years. Under Section 323/149 IPC To undergo rigorous imprisonment for one year. All the sentences were ordered to run concurrently. Brief facts of the present appeal are that on 14.9.1997 at about 12:30 AM in the night, Om Prakash(P.W.5) S/o Baldev, by caste Nath, resident of village Baravadi along with Janki Lal S/o Prabhu Nath and Bhura Lal S/o Devi Lal by caste Nath submitted a written report (Ex.P9) at Police Station, Mothpur, District Baran, alleging therein that today in the evening at about 7 -8 PM, he, Kajod, Jagannath S/o Devanath and Jagannath S/o Ramsukh Gujar all four were consuming liquor at the 'Kankad' of the field, at that time, from the side of Kunthi Laxman Singh, Chhotu Lal, Kajod, Chhittar, Jagdish, Devi Lal, Radhey Shyam, Hajari, Bhanwar Lal, Jagannath, Pratap, Jagannath S/o Badrilal, Ram Singh, Hari Charan, Babu, Kanhaiya Lal, who were armed with Gandasi, Dharias, Lathis, came there with a common intention and upon reaching, Chhotu Lal and Jagdish started inflicting blows on Kajod. Both were having Gandasi in their hands due to which injuries were caused on his back. When he tried to rescue him, he also sustained injuries on his right hand caused by Devi Lal by Dharia, which resulted into profused bleeding, On making their hue and cry, Narendra Gujar and Janki Lal came to rescue them, thereafter, from there all of them dragged Kajod Nath towards hill. He came running to village Baravadi and told Daulat Ram and Gauri Lal that Kajod has been taken away towards Kachhi Hill of Kunthi, thereupon, Bhura Lal, Janki Lal and Shri Ram Gujar went to Kunthi, where they saw Kajod dead in front of temple and whereabouts of Jagannath was not known. It is alleged that the accused persons inflicted injuries to him and Kajod because Kajod used to pass through the Kachhiyo's temple after having consumed liquor. It was alleged that he, Narendra, Janki Lal saw the accused persons in the moon light.
(3.) ON the basis of above written report (Ex.P9), case No. 166/97 was registered under Sections 147, 148, 149, 302 & 323 IPC and investigation commenced. Chalked FIR No. 166/97 is Ex.P10. During investigation, inquest report (Ex.P2), inspection and site -plan (Ex.P3) were prepared. Autopsy of the dead body was conducted on 14.9.1997 at 11.15 AM. Post -mortem report is Ex.P35. Statements of prosecution witnesses were recorded under Section 161 Code of Criminal Procedure Accused persons were arrested. After completion of investigation, the police filed a charge -sheet against the above -named 16 accused -Appellants.;