- (1.) LEARNED Trial Court had on conclusion of the trial in Sessions Case No. 29/2001, of the accused Mansukha; Manohari alias Manohar; Harish alias Dablya; Hari Ram; Smt. Anokhi; Smt. Sita; Smt. Tulsi and Smt. Beena, vide order dated 14.11.2002 convicted them for the offences under Sections 148, 302/149, 307/149 and 323 I.P.C. and each one of them were sentenced under Section 148 I.P.C. to three years simple imprisonment; under Section 323 I.P.C. to one year's simple imprisonment; under Section 307 read with Section 149 I.P.C. to ten years simple imprisonment with fine of Rs. 100/ -, in default of payment of fine to further undergo one month's simple imprisonment; and under Section 302 read with Section 149 I.P.C. to life imprisonment with fine of Rs. 100/ -, in default of payment of fine to further undergo one month's simple imprisonment.
(2.) LEARNED Trial Court vide another judgment and order dated 09.04.2004 convicted the accused Narsi for the offences under Sections 148, 302 and 307 I.P.C. and sentenced him under Section 148 I.P.C. to three years simple imprisonment; under Section 307 I.P.C. to ten years simple imprisonment with fine of Rs. 100/ -, in default of payment of fine to further undergo one month's simple imprisonment; and under Section 302 I.P.C. to life imprisonment with fine of Rs. 100/ -, in default of payment of fine to further undergo one month's simple imprisonment. Accused Narsi has been acquitted from the charges under Sections 324 and 323/149 I.P.C. In respect of the incident which had taken place in the present case, a report was lodged by one Vijay Singh at Police Station Manpur, District Dausa on 21st September, 2000. It was mentioned in the report that on the same day, at about 6.30 A.M., when they were harvesting their crops of Bajra, Chola and Gwar, Mansukha, Narsi, Hariram, Harish @ Bharthari; Manohari, Anokhi wife of Narsi, Sita wife of Manohari, Tulsi wife of Hariram and Beena wife of Harish had all of sudden come armed with Lathies, Barchi, Dhariya and stones. It was further mentioned that the accused Narsi was having a gun with him. Thereafter, the women folk of the accused party started pelting stones. The other accused persons, having sharp edged weapons and lathies, caused injuries to the members of the complainant party. After hearing the hue and cry, Kishan and Suresh came at the seen of occurrence and Suresh was seriously injured. Similarly, Vijay Singh, Madan, Rajneesh and Smt. Badami had also sustained injuries. It was also mentioned in the report that Anokhi wife of Hariram was supplying cartridges to the accused Narsi. Further, it was mentioned in the report that Mitthan and Malkhan died on the spot due to firearm injuries. On the aforesaid report, a regular First Information Report (375/2000)(Exhibit P -45) was registered at Police Station Manpur, District Dausa for the offences under Sections 147, 148, 149, 336, 302, 307 and 323 I.P.C.
(3.) THEREAFTER , the usual investigation commenced and on conclusion of the same, charge sheet was filed against all the accused RIMINAL APPEAL NO. 1549/2002 persons, except Narsi. On filing of the said charge sheet before the Magistrate, the case was then committed to the Court of Sessions and thereafter it was transferred to the learned Trial Court. Trial commenced with the framing of charges against the accused persons which had been denied by them. The prosecution had, in support of its case, produced 21 witnesses in the trial and exhibited 46 documents. Thereafter, the statements of the accused -persons under Section 313 Cr.P.C. were recorded by the learned Trial Court. On conclusion of the trial, the accused -appellants namely Mansukha; Manohari alias Manohar; Harish alias Dablya; Hari Ram; Smt. Anokhi; Smt. Sita; Smt. Tulsi and Smt. Beena were convicted and sentenced by the learned Trial Court, vide its judgment and order dated 14.11.2002, as aforementioned.;