MOHAMMAD RAFIQ, NISHA GUPTA, JJ. - (1.) This appeal is directed against the judgment dated 10/10/2003 passed by the learned Additional District and Sessions Judge (Fast Track) No.5, Bundi in Sessions Case No.3/2003 whereby, the accused-appellants were convicted and sentenced for the alleged offences, as under:- Accused-appellant No.2-Gopal was convicted for offence u/S.302 IPC and was sentenced to life imprisonment with a fine of Rs.5,000/-, in default thereof, he was sentenced to further undergo simple imprisonment for six months. Accused-appellants No.1, 3, 4 & 5-Laxmi Narayan, Kishanlal, Pappu & Badrilal were convicted for offence u/S.302/149 IPC and were sentenced to life imprisonment with fine of Rs.5,000/-, in default thereof, they were sentenced to further undergo simple imprisonment for six months. Accused-appellants No.1 to 5-Laxmi Narayan, Gopal, Kishanlal, Pappu & Badrilal were convicted for offence u/S.147 IPC and were sentenced to rigorous imprisonment for one year with fine of Rs.500/- and in default thereof, they were awarded sentence to further undergo simple imprisonment for one month, convicted for offence u/S.148 IPC and were sentenced to rigorous imprisonment for two years with fine of Rs.1000/- and in default thereof, were awarded sentence to further undergo simple imprisonment for two months, convicted for offence u/S.323 IPC and were sentenced to rigorous imprisonment for six months with fine of Rs.500/- and in default thereof, were awarded sentence to further undergo simple imprisonment for fifteen days and were convicted for offence u/S.325/149 IPC and sentenced to rigorous imprisonment for two years with fine of Rs.1000/- and in default thereof, were awarded sentence to further undergo simple imprisonment for two months. Accused-appellants No.1 to 4-Laxmi Narayan, Gopal, Kishanlal & Pappu were convicted for offence u/S.324/149 IPC and were sentenced to rigorous imprisonment for one year with fine of Rs.1000/- and in default thereof, they were awarded sentence to further undergo simple imprisonment for one month. Accused-appellant No.5-Badrilal was convicted for offence u/S.324 IPC and was sentenced to rigorous imprisonment for one year with fine of Rs.1000/- and in default thereof, he was awarded sentence to further undergo simple imprisonment for one month. All the sentences were directed to run concurrently. Whereas, co-accused Kalyan was acquitted from the charge of offence u/Ss.147, 148, 323, 302/149, 324/149 and 325 IPC.
(2.) Facts giving rise to this appeal are that a parcha bayan (Exh.P.9) of Jagannathi (PW8) W/o Ramnarayan was recorded by ASI Police Station Patan Shri Bharat Singh (PW20) at 10.45 p.m. on 05/02/1994. She alleged that when she was cooking the food at 7.00 p.m. and her husband Ramnarayan, Gajanand and her daughter Ganeshi were sitting near the hearth, suddenly, Laxminarayan, Kishanlal, Badrilal, Pappu, Gopal and Kalyan of village Satheli, armed with lathi, gandasi and kulhadi, entered their house. Laxminarayan, Kishanlal and Badrilal had kulhadi, Pappu had a knife, Gopal had gandasi and Kalyan had lathi. They started beating her husband Ramnarayan. First of all, Gopal inflicted a gandasi blow on the head of her husband. When her daughter Ganeshi and Gajanand tried to save her husband, accused also subjected them to beating by lathi, kulhadi and gandasi. Her husband and Gajanand became unconscious. Upon hearing their hue and cry, Ram Narayan, Dhan Singh and other villagers came there and accused then fled from the place of occurrence. Both of them were still unconscious and were taken to hospital. The dispute between the accused and the complainant-party was with regard to the agriculture land.
(3.) The police on the basis of the aforesaid parcha bayan initially registered the FIR (Exh.P.21) for offence u/Ss.147, 148, 323, 324/149 and 325 IPC. Subsequently however injured Ramnarayan succumbed to his injuries and therefore offence u/Ss.302 & 302/149 IPC was added in the FIR. Police after investigation filed challan against six accused. While accused-appellants Laxmi Narayan, Gopal, Kishanlal, Pappu and Badrilal were convicted and sentenced, co-accused Kalyan was acquitted, in the manner indicated above.;