GOMBER, J. - ( 1. ) THE appellants named herein above have preferred this appeal against the judgment and order dated 25.9.2001 passed in Sessions Case No.111/2002 (05/2002) by learned Add1. Sessions Judge (Fast Track), Behror, Distt. Alwar whereby they were convicted and sentenced as under: (i) For the offence punishable under Section 302 read with Section 34 IPC with rigorous imprisonment for life and a fine of Rs.2000/ - in default whereof to further undergo six months' simple imprisonment. (ii) For the offence punishable under Section 325 read with Section 34 IPC with rigorous imprisonment for two year and a fine of Rs.500/ - in default whereof to further undergo two month's simple imprisonment. (iii) For the offence punishable under Section 324 read with Section 34 IPC with rigorous imprisonment for one year and a fine of Rs.200/ - in default whereof to further undergo one month's simple imprisonment. (iv) For the offence punishable under Section 323 IPC with rigorous imprisonment for six months' and a fine of Rs.200/ - in default whereof to further undergo one month's simple imprisonment. (v) For the offence punishable under Section 447 IPC with rigorous imprisonment for one month.
( 2. ) BRIEFLY stated facts of the case as culled out by the prosecution are that on 14.9.2001, complainant Mangey Ram submitted a written report at P.S. Behror, District Alwar alleging therein that at about 1.00 p.m. when he was sitting in his house with his father and brothers namely Radhey Shyam, Badri Prasad and Ram Pratap, the accused persons laced with weapons came and started inflicting injuries upon them. On account of injuries sustained by Onkar and Rampratap, they became unconscious and on their making hue and cry, neighbours came for rescue whereafter accused persons ran away.
( 3. ) ON the basis of this report, case was registered and FIR No. 416/2001 was chalked for the offence under Section 451, 323 and 341 IPC. During he course of investigation, injured Onkar died where -after the offence under Section 302 IPC was added. Since the accused persons were absconding, the Investigating Officer, after completion of usual investigation, filed charge -sheet under Section 299 of 'the Code' against them for offences under Sections 302, 307, 326, 323, 324, 325, 341, 447 and 34 IPC. After their appearance, charge arguments were heard and charges under Sections 302, 307, 325, 324, 323. 447 read with 34 IPC were read over by learned trial Court. Charges were denied by them and trial was claimed. ;