Mohammad Rafiq, J. - (1.) This appeal has been file by accused-appellants, namely, Ratti, Farooq, Chahat and Sheru, against judgment and order dated 19.12.2003 passed by Additional District & Sessions Judge (Fast Track) No.2, Bharatpur, Camp Kaman, whereby they were convicted for offence under Sections 323, 341, 324/34 and 302/34 IPC. For offence under Section 302/34 Indian Penal Code, they were sentenced to life imprisonment and a fine of Rs. 1000/ each-, in default of payment of fine, to further undergo six months SI; for offence under Section 323 Indian Penal Code they were sentenced to six months RI; for offence under Section 324/34 Indian Penal Code they were sentenced to six months RI; for offence under Section 341 Indian Penal Code they were sentenced to one month RI. All the sentences were ordered to run concurrently.
(2.) Facts giving rise to this appeal are that one Devi Singh S/o Bal Mukand submitted a written report (Exhibit P-16) to Police Station Kaman, on 27.07.2002, stating therein that one Mohan Singh S/o Bhagwat Singh was driver of Vehicle No.RJ-02 G 3955, which was a full-body truck. Informant and his brother Param were working as labourer on that vehicle. The conductor of the vehicle was Devi Ram S/o Ram Kishore. A quarrel took place between Mohan Singh and another truck driver Ratti at 7.00 PM on 26.07.2002 on the question of giving side. The informant, his brother Param and owner of the vehicle Gajendra Kumar intervened and settled the dispute. Driver Ratti had threatened Mohan Singh of dire consequences. Thereafter at 10.30 in the night of that very day, when they were going to Mathura with loaded truck, driver Ratti, Sheru, Chahat, Farooq accompanied with 5-7 persons, by bringing their vehicle on the way, intercepted their vehicle. They gave merciless beating to Mohan Singh by 'lathis' and iron rods and pulled him out of the truck. Informant and his brother rushed from there to save their own lives and came to their village. They narrated the entire story to villagers. It is further stated that they were so frightened that they could not do anything. Thereafter, they came to police station with villagers to lodge the case. Action be taken against guilty.
(3.) On receipt of aforesaid written report, a regular first information report was registered by the police for offence under Section 302 Indian Penal Code and investigation commenced. During the course of investigation, all the accused were arrested. Challan against them was filed for offence under Sections 323, 341, 324, 302, 34 IPC. Accused were committed to the Court of Sessions to stand trial, wherefrom the case was made over to the court of the Additional Sessions Judge. Learned trial court framed charges against aforesaid four accused persons under Section 323, 341, 324/41 and 302/34 IPC. Accused pleaded not guilty to the charges and claimed to be tried.;