- (1.) Since all the aforesaid four matters arise out of a common judgment dated 16.2.2010 passed by Addl. Sessions Judge (Fast Track) No.3, Bharatpur, H.Q. Bayana, hence the arguments have been heard together and they are being decided by this common judgment.
(2.) Brief facts of the case are as under:- "Cross FIR Nos. 598/2007 AND 597/2007 were registered at Police Station, Bayana by both the parties against each other. On the basis of said FIRs, investigation was commenced. After completion of investigation, the police filed a challan against the accused persons in the Court. The learned trial court framed charges against the accused persons. The accused persons denied for the same and claimed for trial. Thereafter the prosecution produced its witnesses and got exhibited some documents. Thereafter the statement of accused persons were recorded under Section 313 CrPC. After hearing both the sides, (In Sessions case No. 93/2008), the learned trial court has acquitted the accused Mukesh for the offence under Sections 148, 308 and 341 IPC; accused persons Shive Singh, Damo, Dammo and Vijay for the offence under Sections 148, 308/149 and 341 IPC, but convicted the accused Shive Singh for the offence under Sections 147, 323 and 325 IPC and accused Mukesh, Damo, Dammo and Vijay for the offence under Sections 147, 323, 325/149 IPC and and sentenced them as under: Accused Shive Singh, Mukesh, Damo, Dammo & Vijay Convicted for the offence under Section 147 IPC and sentenced to pay fine of Rs. 1000/-; in default of payment of fine, to further undergo 10 days' SI Accused Shive Singh, Mukesh, Damo, Dammo and Vijay have also been convicted for the offence under Section 323 IPC and sentenced to pay fine of Rs. 500/-; in default of payment of fine, to further undergo 5 days' SI Accused Shive Singh has been convicted under Section 325 IPC and accused Mukesh, Damo, Dammo and Vijay have also been convicted under Sections 325/149 IPC and sentenced to undergo 15 days' SI and to pay fine of Rs. 1000/-; in default of payment of fine, to further undergo 10 days further imprisonment.
(3.) In Sessions Case No. 50/2008, accused Ramoli Ram has been acquitted for the offence under Section 308 IPC and Section 3/25 of Arms Act, whereas accused persons Ramesh and Tursiram have been acquitted for the offence under section 308/34 IPC, but all of them have been convicted for the offence under Sections 341 and 323 IPC and instead of sentencing them, they have been given the benefit of section 4 of Probation of Offenders' Act.;