Mohammad Rafiq and, J. - (1.) Aforementioned appeal has been filed by the accused-appellants under Section 374 of the Code of Criminal Procedure, 1973 assailing the judgment dated 29.8.2002 passed by learned Additional Sessions Judge, Fast Track, Kishangarh Bas, District Alwar whereby, accused-appellants Ganpat, Naresh and Nathu have been convicted for offences under Sections 302, 147, 323, 325 and 307/149 I.P.C. and accused-appellants Fakira, Mahipal, Santu and Suresh Kumar have been convicted for offences under Sections 147, 323, 325, 307/149 and 302/149 I.P.C.
(2.) Appellants have been sentenced to undergo: - rigorous imprisonment for two years with fine of Rs. 500/- each, in default of payment of which, they were required to further undergo sentence of rigorous imprisonment for six months for offence under Section 147 I.P.C.; - rigorous imprisonment for one year with fine of Rs. 1000/- each, in default of payment of which, they were required to further undergo sentence of rigorous imprisonment for three months for offence under Section 323 I.P.C.; - rigorous imprisonment for three years with fine of Rs. 1000/- each, in default of payment of which, they were required to further undergo sentence of rigorous imprisonment for one year for offence under Section 325 I.P.C.; - rigorous imprisonment for ten years with fine of Rs. 1000/- each, in default of payment of which, they were required to further undergo sentence of rigorous imprisonment for three years for offence under Section 307/149 I.P.C.; and - imprisonment for life with fine of Rs. 1000/- each, in default of payment of which, they were required to further undergo sentence of rigorous imprisonment for three years for offence under Section 302 I.P.C. All the sentences were directed to run concurrently. Learned Additional Sessions Judge however did not specifically award any sentence to the accused- appellants for offence under Section 302/149 I.P.C. though accused-appellants Fakira, Mahipal, Santu and Suresh Kumar were convicted for that offence. It is be noted at the outset that accused Lalchand died during the pendency of trial hence, proceedings against him was dropped.
(3.) Brief facts giving rise to filing of the criminal appeal are that a written report was submitted by informant - PW-1 Samiya S/o Ami Chand to S.H.O. Police Station Tijara, Alwar on 16.3.1992, inter-alia alleging therein that there was dispute between families of the informant and accused-Ganpat etc. with regard to the pathway leading to their agricultural field. On that day i.e. on 16.3.1992 at about 8.00 a.m., when Jaldip, Gajraj Singh and complainant-Samiya were going to their agricultural field, accused - Ganpat, Santu, Naresh, Nathu, Mahipal, Suresh Kumar, Fakira and Lalchand all armed with lathis came there. Lalchand with an intention to kill Gajraj Singh inflicted two repeated lathi blows on his head, as a result of which, Gajraj fell down. When Jaldip came to his rescue, accused-Ganpat inflicted lathi blow on his head. Yet another lathi blow was inflicted on his head by accused-Nathu and third blow by accused-Naresh was also inflicted on the head of Jaldip. Even when both, Gajraj and Jaldip fell down, accused kept on beating them. At this stage, Rampyari and Budha came to save them. Accused-Fakira inflicted lathi blow on the head of Rampyari. Accused- Santu also inflicted lathi blow on the person of Budha and accused-Suresh Kumar inflicted a lathi blow on the ribs of Gajraj. Accused-Mahipal inflicted a lathi blow on the left hand of Gajraj. When informant-Samiya came to their rescue, accused Ganpat and Lalchand inflicted lathi blows on his leg. It was stated that Surja (Surajbhan) and Jagmal intervened and saved the members of the complainant-party. They are witness to the incident. Condition of Gajraj and Jaldip deteriorated, they were taken to hospitalized.;