- (1.) 1. These two appeals seek to challenge the judgment of learned Additional Sessions Judge No.1 (Fast Track), Dholpur, dated 10th September, 2003, by which the accused - appellants, namely, Gariba, Mukesh, Smt. Badami, Ramniwas, Vinod and Smt. Santi were convicted for offences under Sections 148, 302/149, 341, and were sentenced to undergo life imprisonment and a fine of Rs. 500/- each, in default of payment of fine, they were to further undergo imprisonment of one month. For offence under Section 148 IPC, they were sentenced to undergo rigorous imprisonment of one years and for offence under Section 341, IPC they were sentenced to undergo simple imprisonment of one month. All the sentences were ordered to run concurrently.
(2.) Facts giving rise to these appeals are that one Hari Singh Son of Shobharam (PW - 1), Police Station Basedi, District Dholpur, submitted a written report to S.H.O., Police Station, Basedi alleging that Gariba and his family members had earlier committed murder of his father Shobharam and since then he and other accused were having ememity with them. When on 05.06.1998 complainant and others were collecting contribution of two rupees from each house for repair of the hand-pump, accused Mukesh, Gariba, Vinod, Ramniwas, armed with 'lathis' came there and did not allow them to get the hand - pump repaired. They removed the top/cover of the hand - pump. Both the parties reported the matter to the police. Some arrests were made from both the sides under Section 151 Cr.P.C. Later on they were released on bail bonds. Brother of informant Dharamjeet requested Vinod and Mukesh S/o Gariba, on the following day i.e. 07.06.1998 at about 6.00 AM to return the top of the hand - pump so that it could be got repaired because they were facing hardship. Suddenly, Harvilas S/o Hansa, Mukesh S/o Harvilas, Vinod, Dhara, Gariba, Badami, Ramniwas, Kamlesh, Santi, all by caste Jatav, encircled Dharamjeet. They were armed with 'lathis', 'ballam', chain, stones, 'mongaris'. They all started abusing Dharamjeet. Then they gave him beating and pulled him out towards the house of Gyan Singh. Ramniwas had 'lathi', Vinod had 'ballam', Mukesh had chain and all females had 'mongari'. They subjected Dharamjeet to severe beating. The informant tried to intervene. When he raised hue and cry, Ganga Devi W/o Janak Singh, Maya W/o Dharamjeet, Ramdulari W/o Ram Prasad, Laxmi Narain, Ramdas, Janak Singh, Gujwa, Om Prakash came there. These people also tried to intervene. In doing so, Ganga Devi, Ramdulari, Maya, Laxmi Narain, Ramdas, Janak Singh received number of injuries on their persons by 'lathis', stones, 'ballam' and 'mongari'. Dharamjeet died on the spot. Action be taken against the guilty.
(3.) On receipt of aforesaid written report, a regular first information report for offence under Sections 147, 148, 149, 323, 341, 302 of the IPC was chalked out and investigation commenced. Challan was filed against as many as nine accused for offence under Sections 147, 148, 149, 302, 323 and 341 IPC. Accused appellants were committed to the Court of Sessions, Dholpur to face trial. The case was made over to the court of Additional Sessions Judge (Fast Track) No.1, Dholpur, who, by the impugned judgment, convicted and sentenced six accused - appellants as afore - stated, however acquitted them of offence under Sections 323 and 323/149 IPC. Accused Harvilas, Dharasingh, Smt. Kamlesh were acquitted of the charges under Sections 148, 302, 302/149, 323/149, 341 and 341/149. Hence these two appeals.;