- (1.) Heard learned counsels for the accused-appellants as well as the learned Public Prosecutor for the State.
(2.) Since both these appeals arise out of the judgment of conviction and order of sentence dated 29.03.2004 passed by the learned Additional Sessions Judge, No. 2(Fast Track), Kota(hereinafter referred to as 'the Trial Court') in Sessions Case No. 99/2003, they were heard together and are being decided by this common judgment.
(3.) Instant appeals, under Section 374 Cr.P.C., have been preferred by the accused-appellants questioning the correctness of the judgment and order dated 29.03.2004 passed by the learned Trial Court in Sessions Case No. 99/2003, whereby it has, while acquitting the accused Pappu @ Rajesh Meena, Vijay Pandit, Pappu @ Bashir @ Prakash and Ram Gopal from the offences under Sections 324, 324/149, convicted and sentenced them as under: (1) Pappu alias Rajesh Meena S/o. Bhanwar Lal 148 IPC: To undergo two years rigorous imprisonment with fine of L 250/-, in default of payment of fine to further undergo seven days additional simple imprisonment. 302 IPC: To undergo life imprisonment with fine of L 1,000/-, in default of payment of fine to further undergo one month's additional simple imprisonment. 323 IPC: To undergo three months simple imprisonment. 4/25 Arms Act : To undergo one year's rigorous imprisonment with fine of L 250/-, in default of payment of fine to further undergo seven days additional simple imprisonment. (2) Vijay Pandit S/o. Satyanarayan 148 IPC: To undergo two years rigorous imprisonment with fine of L 250/-, in default of payment of fine to further undergo seven days additional simple imprisonment. 302 IPC: To undergo life imprisonment with fine of L 1,000/-, in default of payment of fine to further undergo one month's additional simple imprisonment. 323/149 IPC: To undergo three months simple imprisonment. 4/25 Arms Act: To undergo one year's rigorous imprisonment with fine of L 250/-, in default of payment of fine to further undergo seven days additional simple imprisonment. (3) Pappu alias Prakash alias Bashir S/o. Ramgopal 148 IPC : To undergo two years rigorous imprisonment with fine of L 250/-, in default of payment of fine to further undergo seven days additional simple imprisonment. 302/149 IPC : To undergo life imprisonment with fine of L 1,000/-, in default of payment of fine to further undergo one month's additional simple imprisonment. 323/149 IPC : To undergo three months simple imprisonment. (4) Ramgopal S/o. Dhannalal 148 IPC : To undergo two years rigorous imprisonment with fine of L 250/-, in default of payment of fine to further undergo seven days additional simple imprisonment. 302/149 IPC : To undergo life imprisonment with fine of L 1,000/-, in default of payment of fine to further undergo one month's additional simple imprisonment. 323/149 IPC : To undergo three months simple imprisonment. All the sentences were ordered to run concurrently. Learned Trial Court has also ordered that in this case another accused Ghanshyam Meena had not been arrested by the police and he is absconding. Therefore, the file and all the seized articles and material of the case be preserved.;