N.N. Mathur, J. - (1.) This appeal is directed against the judgment of the learned Additional Sessions Judge No. 1, Sri Ganganagar dated 7.8.1998 convicting the appellants Sanjay alias Banti of offence under section 302 I.PC. and other 1 appellants namely Satish Kumar, Ashok Kumar, Rajpal and Lakhan Singh for offence under section 302/149 I.P.C. and sentenced each one of them to imprisonment for life and to pay a fine of Rs. 1000/-; in default of payment to further undergo one month simple imprisonment. The appellants have also been convicted for the allied offences.
(2.) Seven accused persons namely Sanjay alias Banti, Satish Kumar, Ashok Kumar, Rajpal, Lakhan Singh, Surendra Kumar and Shivdayal were put to trial on the charge or murder of Ashok Kumar S/o Sohanlal. During the trial as the accused Surendra Kumar and Shivdayal absconded, their cases were to separated. During the pendency of the appeal Surendra Kumar and Shivdayal were also tried. The learned Additional Sessions Judge No. 2, Sri Ganganagar by judgment dated 9.1.2001 has acquitted them of the offence under section 302 read with 149 I,PC. and the allied offences. Another development which has taken place during the pendency of the appeal is that one of the appellant Rajpal also died and hence appeal on his behalf stands abated.
(3.) Briefly stated that prosecution case is that on 13.6.95 P.W. 2 Gajraj Singh submitted a written report before P.W. 7 Suman Ali, S.H.O.. Purani Aaadi Police Thane Kotwali, Sri Ganganagar while in the hospital stating inter alia that at about 12:30 noon he along with PW. 3 Manoj and Ashok were proceeding towards Tarachand Vatika and when they reached infront of Kr Shan Mandir abruptly Sanjay, Satish, Surendra Kumar, Ashok, Shivdayal, Lakhan and Rajpal surrounded them. Sanjay was armed with a Gupti. Satish was carrying sword in his hand. Surendra was carrying an iron rod in his hand. The other accused persons were armed with hockies and lathies. Shivdayal was exhorting the other accused persons. Banti thrusted the Gupti in the stomach of Ashok on account of which he fell down. Satish inflicted injuries to Ashok by sword T he other accused persons also attacked on Ashok. On intervention by him and Manoj accused Satish attempted a sword below which was warded off by him causing injuries on the fingers of the left hand. PW 3 Manoj rushed to the Police Station and informed about the inc,dent. On receiving the information, Police arrived at the spot and Ashok Kumar was immediately removed to the hospital by the police. The doctor declared Ashok Kumar dead. On this information police registered a case for offence under sections 302, 324, 147, 148, 149 IPC and proceeded with the investigation. After usual investigation police laid charge-sheet against the seven accused persons for the aforesaid offences. The accused persons denied the charges leveled against them and claimed trial. The prosecution in support of the case examined as many as 10 witnesses and produced certain documents. In statement under section 313 of the Code of Criminal Procedure the accused persons denied the correctness of the prosecution evidence appearing against them. The trial court mainly relying on the testimony of the eye-witnesses PW 2 Gajraj and PW 3 Manoj corroborated by the medical evidence found the prosecution case proved. Accordingly, he convicted and sentenced the appellants as stated above.;