Mohammad Rafiq, J. - (1.) This appeal has been jointly filed by three accused-appellants Kripal Singh, Prahlad Singh and Jawan Singh against judgment and order of learned Additional Sessions Judge (Fast Track) No.1, Jhalawar, dated 26.05.2003, whereby accused-appellant no.1 Kripal Singh was convicted for offence under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs. 1000/-; for offence under Section 4/25 of the Arms Act for which he was sentenced to undergo one year imprisonment with fine of Rs. 100/-, in default of payment of fine, he was to further undergo one month's imprisonment; accused-appellant no.2 Prahlad Singh was convicted for offence under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs. 1000/-; for offence under Section 323 IPC he was sentenced to undergo one year imprisonment with fine of Rs. 100/-, in default of payment of fine, he was to further undergo one month imprisonment; accused-appellant no.3 Jawan Singh was convicted for offence under Section 323 IPC, however, he was sentenced to the period already undergone during trial. All the sentences in the case of first two appellants were ordered to run concurrently.
(2.) Brief facts giving rise to this appeal are that a 'parcha bayan' (Exhibit P-1) was given by one Bapu Singh, to S.H.O., Police Station, Unhel Camp, PHC Chaumahala (Jhalawar), stating therein that in intervening night of 22nd-23rd of August, 2002 at about 1200 Hrs., while he was sleeping in his house, he heard somebody crying for help to save his life. Such voice was coming from agriculture field of one Hari Singh, where some fight was taking place. He rushed in that direction. On reaching there he saw accused Jawan Singh, Prahlad Singh, Kripal Singh, Bahadur Singh and Man Singh beating his brother Arjun Singh. Kripal Singh had a sword in his hand and all other had lathis. When his brother Karan Singh interverned to save Arjun, Prahlad Singh administered 'lathi' blow on his head and, on receiving that 'lathi' blow, Karan Singh fell down on the ground and thereafter all the accused started beating him. When informant went to intervene, the accused pushed him aside and gave him beating. All these five accused, gave beating to his both brothers Karan Singh and Arjun Singh with intention to kill them and on account of that beating, his both brothers became unconscious. The dispute took place on the question of connecting electricity wire. The incident has been witnessed by his sister Rajabai and sister-in-law (Bhabhi) Labhubai and several other villagers. Action be taken against the guilty.
(3.) On the basis of aforesaid 'parcha bayan', first information report (Exhibit P-25) was registered for offence under Sections 147, 148, 149 and 307 Indian Penal Code Soon thereafter, both Arjun Singh and Karan Singh succumbed to their injuries and therefore offence under Section 302 of the IPC and Section 4/25 of the Arms Act was also added. The police, after investigation, filed challan against all five accused-persons. Charges for aforesaid offences were framed against all accused, to which they pleaded not guilty and claimed to be tried.;