- (1.) This appeal has been filed by nine accused-appellants against judgment and order dated 03.09.2002 of learned Additional Sessions Judge (Fast Track), Jhunjhunu, whereby they were convicted for offence under Section 302/149 of the IPC and sentenced to undergo life imprisonment with fine of Rs.2000/-, in default of payment whereof, they were further required to undergo two months simple imprisonment and were also convicted for offence under Section 323/149 of the IPC and sentenced to undergo rigorous imprisonment of one year and fine of Rs.500/-, in default of payment thereof, they were required to further undergo simple imprisonment of one month. Both the sentences were ordered to run concurrently.
(2.) Facts giving rise to this appeal are that one Ginni Devi submitted a written report to Station House Officer, Police Station, Udaipurwati, on 21.06.1996 stating therein that at 8.00 AM on that day, she and her son Ravindra @ Pappu, grandson Ajay Kumar @ Tinu and daughter Santosh were taking tea in the courtyard of their house. Subhash son of Jagdish Mali, the neighbour, came outside their house and started abusing her son and dared him to come out; whereupon Ravindra went out and with him also went her grandson Ajay. Ravindra asked him to stop abusing but he did not pay any heed to his request. Suddenly Shekhar, Prakash S/o Jagdish, Jagdish S/o Narain Saini, Sunita W/o Subhash, Hanuman and his two sons namely Nancha and Giga, and Kishore S/o Jhabar, also joined Subhash. They were all armed with lathis, pharsis and sword. They dragged Ravindra and Ajay to their land and started beating them. On hearing hue and cry, Santosh, daughter of informant, and her grandson Kanhaiya came rushing there. Subhash was having pharsi in his hand, with which he inflicted blow on the right leg of Ravindra. Shekhar caused injury on the hand of Ravindra by sword. Subhash also inflicted an injury on the head of Ravindra. Prakash inflicted a lathi blow on his body and also on his head. When her grandson Ajay tried to intervene, Shekhar inflicted 2-3 repeated blows on his head by sword. Thereafter, all accused persons left Ravindra and started beating Ajay by pharsis, lathis and sword. Subhash inflicted pharsi blow on the head of Ajay, Jagdish inflicted a lathi blow and then followed others. At this stage, Sua W/o Tara Chand Soni came to intervene. She fell upon Ajay in order to save him. When informant tried to intervene to save Ajay, she also received few injuries. Several persons reached on the scene of occurrence. These persons left Ajay taking him to be dead. It was further stated by the informant that she along-with her daughter Santosh with help of Shankar Lal and Om Prakash took both Ravindra and Ajay to hospital at Nawalgarh. Ravindra died soon thereafter. Condition of the Ajay was also critical. He was therefore referred to hospital at Jaipur. Her daughter and another grandson had accompanied her. The accused had old enmity with the family of informant and for that reason, they had murdered her son Ravindra and that condition of Ajay was very critical and even he could also die. It may be noted that Ajay, grandson of informant Ginni Devi, also succumbed to injuries at Jaipur on 24.06.1996.
(3.) Police on receipt of the written report, chalked out a regular FIR for offence under Sections 147, 148, 149, 447, 307, 302 and 323 of the IPC and started investigation.;