- (1.) We will dispose of the five appeals by a common judgment as though they are directed against two separate judgments by the learned Sessions Judge, Bundi, but arise out of the same first information report of the impugned incident. There have been two judgments because accused appellant Surajmal earlier having absconded the remaining four persons, namely, Kashi Ram, Heera, Madho and Dhanna, were tried by the learned Sessions Judge in Sessions Case No. 41/1984 and the learned Sessions Judge under his judgment dated 30th Sept., 1986, convicted and sentenced each of the above named four accused appellants in the following manner : Each of the appellants, namely, u/s. 302 r/w Life imprisonment with a fine of Kashi Ram, Heera, Madho and Section 149 IPC Rs.400/- (in default of the Dhanna. payment of tine, further two months' SI). Each of the appellants, namely, u/s. 323 r/w Six months' RI with a fine of Kashi Ram, Heera, Madho and Sec. 149 IPC 100/- (in default of the payment Dhanna. of fine, further 15 days' SI). Accused appellants, namely, u/s. 147 IPC Six months' RI with a fine of Madho, Kashi Ram & Heera. Rs.200/- (in default of the payment fine further one month's SI). Accused appellant Dhanna u/s. 148 IPC One year's RI with a fine of Rs.200/- (in default of the payment of fine, further one month's SI). When accused appellant Surajmal was apprehended, there was a separate trial and the learned Sessions Judge, Bundi, under his judgment dated 16th Sept., 1989, convicted accused appellant, Surajmal, under Section 148, 302 and 323/149 IPC, and sentenced him as under : under Section 148 IPC One year's RI with a fine of Rs.200/- (in default of the payment of fine, further one month's SI). under Section 302 IPC Life imprisonment with a fine of Rs.400/- (in default of the payment of fine, further two months' SI). under Section 323/ Six months' RI with a fine of Rs.100/- (in default of the 149 IPC payment of fine, further 15 days' SI).
(2.) All these sentences were ordered to run concurrently.
(3.) We will have first to narrate the facts giving rise to these appeals and then will proceed to dispose of the cases. As there had been separate trials, while disposing of the cases, we will only confine ourselves to the evidence recorded in each of the cases and the result will be based on that evidence.;