SHIV KUMAR SHARMA. J. :- - (1.) The appellants (hereinafter described as 'accused') who were convicted and sentenced as under by the learned Additional Sessions Judge, (Fast Tract), Gangapur City in Sessions Case Nos. 6/2001 and 45/2002 respectively vide judgments dated July 20, 2001 and May 31, 2003, have impugned the said findings in the instant appeals. In Sessions Case No. 6/2001 decided on July_20_2001_: Accused Ramswaroop : U/S. 302, IPC : To suffer Imprisonment for life and fine of Rs. 2000/-, in default to further suffer Simple Imprisonment for Six Months. U/S. 307, IPC : To suffer Rigorous Imprisonment for Four Years and fine of Rs. 1000/-, in default to further suffer Simple Imprisonment for Three Months. U/S. 148, IPC : To suffer Rigorous Imprisonment for One Year and fine of Rs. 500/-, in default to further suffer Simple Imprisonment for One Month. Accused Om Prakash, Ramlal, Girraj, Kalla, Mulya alias Moolchand, Radhey alias Radheshyam, Jailal and Pyarelal : U/S. 302/149, IPC : To suffer Imprisonment for life and fine of Rs. 2000/-, in default to further suffer Simple Imprisonment for Six Months. U/S. 307/149, IPC : To suffer Rigorous Imprisonment for Four Years and fine of Rs. 1000/-, in default to further suffer Simple Imprisonment for Three Months. U/S. 148, IPC : To suffer Rigorous Imprisonment for One Year and fine of Rs. 500/-, in default to further suffer Simple Imprisonment for One Month. In Sessions Case No. 45/2002 decided on May 31. 2003 : Accused Moti : U/S. 302, IPC : To suffer Imprisonment for life and fine of Rs. 2000/-, in default to further suffer Simple Imprisonment for Six Months. U/S. 307/149, IPC : To suffer Rigorous Imprisonment for Four Years and fine of Rs. 1000/-, in default to further suffer Simple Imprisonment for Three Months. U/S. 148, IPC : To suffer Rigorous Imprisonment for One Year and fine of Rs. 500/-, in default to further suffer Simple Imprisonment for One Month. U/S. 452, IPC : To suffer Simple Imprisonment for One Month and fine of Rs. 500/-, in default to further suffer Simple Imprisonment for One Month. U/S. 324/149, IPC : To suffer Simple Imprisonment for One Year and fine of Rs. 1000/-, in default to further suffer Simple Imprisonment for Three Months. U/S.323/149, IPC : To suffer Simple Imprisonment for Three Months and fine of Rs. 500/-, in default to further suffer Simple Imprisonment for One Month. Substantive sentence were directed to run concurrently.
(2.) Since both these appeals arise out of the same incident, we proceed to decide them by a common judgment.
(3.) It is the prosecution story that a written report was submitted by informant Raghunandan with the Police Station Gangapur City implicating 28 persons including the accused. It was inter alia stated in the report that the assailants entered the house of informant, dragged his father Nanga out of the house and killed him. Other members of the complainant party also sustained injuries with axe, sword, dharia and iron rod. Case under Sections 147, 148, 149, 323, 302, 307, 452, 427 and 336, IPC was registered and investigation commenced. On completion of investigation charge-sheet was filed against 23 persons. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track), Gangapur City hearing Sessions Case No. 6/2001. Charges under Sections 148, 323/ 149, 452, 307, 302, 427, 302/149, 307/ 149, 324/149 and 336, IPC were framed against the accused, who denied the charge and claimed trial. The prosecution in sup- port of its case examined as may as 18 witnesses. In the explanation under Sec. 313, Cr. P.C., the accused claimed innocence. Two witnesses in defence were examined on be half of the accused. Learned trial Judge on hearing the final submissions convicted and sentenced nine accused as indicated herein above.;