- (1.) THESE two appeals arise out of the First Information Report No. 123/2000, lodged with Police Station Shivdaspura, though the accused -appellants, in each of them, have been convicted by different judgments passed by the court of Additional Sessions Judge (Fast Track) No. 1, Jaipur District, Jaipur, in separate trials. Appeal No. 177/2005 has been filed by three accused -appellants, namely, Gyarsilal, Panchuram and Kalyan, against judgment dated 02.02.2005, whereas Appeal No. 786/2007 has been filed by accused -appellant Ghanshyam against judgment dated 30.03.2007. All accused -appellants, in both the appeals, are real brothers, being sons of Ghasiram. Accused -appellants Gyarsilal, Panchuram and Kalyan (in Appeal No. 177/2005) have been convicted for offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs. 500/ - each, in default of payment of which, they were to further undergo one month's simple imprisonment. They have also been convicted for offence under Section 323 IPC and sentenced to six months SI. Accused -appellant Kalyan was however additionally convicted for offence under Section 379 IPC and sentenced to one year's RI with fine of Rs. 500/ -, in default of payment of which, he was to further undergo one month's SI. Accused -appellant Ghanshyam (Appeal No. 786/2007) was convicted for offence under Section 302/34 IPC and sentenced to life imprisonment with fine of Rs. 500/ -, in default of payment of fine, he was to further undergo one year's RI. All the sentences were ordered to run concurrently.
(2.) A written report was submitted to Station House Officer, Police Station Shivdaspura, District Jaipur, by complainant Shankarlal at 9.15 pm on 16.06.2000, alleging that a feast of 'sawamani' was organized in their house on that date, for which he had at about 6.15 pm gone to fetch a water -tank. On the way, he found accused Ghanshyam Meena, Gyarsilal Meena, Kalyan, Panchu Meena and Gopal Meena, all sons of Ghasiram Meena, beating his mother Jyana Devi @ Amari and aunt Nangi. While he was passing through that place, the accused caught hold of him and also his brother Laxmi Narain. On their making hue and cry, complainant's father Bhonrilal Meena accompanied by complainant's brother Sonilal came there. They were also beaten by accused. Suddenly Chhota W/o Ghanshyam Meena, Kalli W/o Harsahai Meena, Rami Meena W/o accused Kalyan Sahai Meena also reached there and started beating the members of the complainant party. Ghanshyam attacked his mother and snatched her ear -ring and necklace. The accused were armed with 'lathis', iron rods and 'kulharis'. Accused Kalyan Sahai snatched the necklace of his brother Sonilal. Immediately thereafter, Radhakishan Meena S/o Ghasi Meena reached there. He also started beating members of the complainant party. Dhapu Meena W/o Gyarsilal also subjected them to beating. Ghasi S/o Rupa also assaulted all the members of the complainant party. All these accused assaulted informant Shankarlal S/o Bhonri Lal Meena, Jyana @ Amari W/o Bhonri Lal Meena, Soni Lal S/o Bhonri Lal Meena, Laxmi Narain S/o Hanuman Sahai Meena, Nangi Devi W/o Hanuman Sahai Meena, Sohan Lal S/o Hanuman Sahai and Mangli Devi W/o Sonilal as also the small children. As a result of injuries, his mother Smt. Jana Devi @ Amari Devi Meena W/o Bhonri Lal Meena died on the way.
(3.) ON receipt of aforesaid written report, a regular first information report bearing No. 123/2000 was registered for offence under Sections 147, 148, 149, 323, 341, 379 and 302 IPC. The Police, after usual investigation, filed challan against Gyarsilal, Panchuram, Kalyan, Ghasiram and Gaura W/o Ghasiram. First three accused, namely, Gyarsilal, Panchuram and Kalyan were convicted and sentenced in the manner indicated above, and latter two accused, Ghasiram and Gaura were acquitted of the charges. Subsequently, however, an application under Section 319 Cr.P.C. was filed by the prosecution for joining Ghanshyam as accused. The trial court rejected the application. However, this court, on challenge to the said rejection order in revision petition, directed his joining as an accused. He was separately tried, convicted and sentenced in the manner as indicated above.;