- (1.) Criminal Appeal No.1815/2007, first of these three matters, filed on behalf of twenty accused-appellants, namely - Jalla Khan, Giddu @ Chaw Khan, Safeda, Sube Khan, Munshi, Mohmadda, Aas Mohd. @ Asanda, Sakil @ Shakil, Rukmuddin, Samsuddin, Mohar Khan, Deenu Khan, Safi Mohammad, Sahun, Mustaq, Arsad, Pida, Aashin, Mishri @ Misru and Jameel, seeks to challenge the judgment of their conviction by the court of Additional District & Sessions Judge (Fast Track), Kishangarhbas, District Alwar, in Sessions Case No.2/2006, dated 19.09.2007, whereby they were convicted for offence under Sections 148, 302/149, 307/149, 324/149 and 323/149 IPC. For offence under Section 302/149, they have been sentenced to undergo life imprisonment with fine of Rs.5000/- each, in default of payment of fine, they were to further undergo one year's RI; for offence under Section 307/149 IPC, they have been sentenced to undergo seven years RI with fine of Rs.5000/- each, in default of payment of fine, they were to further undergo six months RI; for offence under Section 323/149 IPC, they have been sentenced to undergo three years RI; for offence under Section 323/149 IPC, they have been sentenced to undergo one year's RI and for offence under Section 148 IPC, they have been sentenced to undergo three years RI. All the sentences were ordered to run concurrently. However, the accused-appellants were acquitted of the charges for offence under Sections 325/149 and 201 IPC. But the learned trial court, under the impugned judgment, by giving benefit of doubt, acquitted nine accused, namely, Allahadin @ Pappu, Sarsudin, Rujdar, Fakru @ Fakrudin, Haneef, Majid, Muvin, Rehman and Himmat Khan, of the charges for offence under Sections 148, 302/149, 201, 307/149, 325/149, 324/149 and 323 IPC. Second and third of these matters seek to challenge their acquittal.
(2.) Facts giving rise to the matter are that on 25.11.2005, one Bagh Singh lodged a written-report (Exhibit P-34) with Police Station Kishangarhbas, District Alwar, stating therein that on 24.11.2005 at about 7.00 PM, when Pintu Singh was taking his aunt Nimma Kaur, who was in family way, in a jeep to hospital at Kishangarhbas for delivery, one Kasam Khan brought his camel cart in front of the jeep. Pintu Singh asked him to remove the camel cart. Both quarreled on this. Kasam Khan called his family members. They started beating Pintu Singh. Accused Jalla Khan, Deenu Khan, Mohar Khan, Samsuddin, Mishru, Rukmuddin, Sahun, Safi Mohd., Mustak, Arsad, Sube Khan, Safeda, Kasamdin, Munshi, Giddu, Pida, Aas Mohd., Aashin, Jameel, Shakil, Ayub, Himmat, Rafiq, Sajid and around 150 other persons were involved in this incident. It was further alleged that these accused caused murder of three persons, namely - Darshan Singh, Preetam Singh and Birju Singh. Apart from this, they also gave beating to Mahendra Singh, Gagan Singh, Pintu Singh, Manindra Singh, Kuldeep Singh, Karan Singh, Bagh Singh, Surmi Kaur, Babban Singh, by gun, 'farsi', sword, 'tanchia', 'kulhari', iron rod and 'lathis', and left them there assuming dead. Earlier also, the above named accused persons had committed murder. They also gave beating to their own man Mohammada Khan. It was further alleged that the informant too was beaten by Jalla and Mishru by 'farsi' and 'lathi'. On the basis of aforesaid written-report, a regular first information report, being F.I.R. No.292/2005 (Exhibit P-35), was registered with the Police Station for offence under Sections 147, 148, 149, 323 and 302 IPC.
(3.) The Police, after usual investigation, filed challan for offence under Sections 147, 148, 149, 323, 326, 307, 302, 201 and 303 IPC against accused-appellants Jalla Khan, Giddu, Safeda, Sube Khan, Munshi Khan, Mohammada, Aas Mohd. @ Asanda and for the offence under Sections 147, 148, 149, 323, 326, 307, 302 and 201 IPC against accused-appellants Sakil @ Shakil, Rukmuddin, Samsudin, Mohar Khan, Deenu Khan, Safi Mohd., Sahun, Mustaq, Arsad, Pida, Asin, Mishru @ Misru and Jamil and acquitted accused Rujdar, Himmat, Fakru, Haneef, Majid Khan, Muvin Khan, Rehman, Allahadin and Sarsudin, in the court of the concerned Judicial Magistrate, wherefrom the case was committed to the Court of Sessions and thereafter made over to the court of Additional Sessions Judge (Fast Track) Kishangarhbas, Alwar, for trial. Since accused Sajid, Rafiq, Alam, Kasamdin and Ayub were juvenile, challan for above offences was filed against them before the Juvenile Justice Board. Thus, in total, the police filed challan against 29 accused excluding five juvenile.;