JUDGEMENT
KANWALJIT SINGH AHLUWALIA, J. -
(1.) NINE persons namely; Hanuman S/o Jawana, Teju S/o Ramdayal, Nathu S/o Moola, Sharvan S/o Hari Ram, Sheoraj @ Shivraj S/o Gheesa, Kishanlal S/o Hari Ram, Nanda S/o Gheesa, Sawara S/o Hari Ram and Ramdayal S/o Moola, were nominated as accused in a case arising out of FIR No.117/1999, registered at Police Station Arai, District Ajmer. In pursuance of aforesaid FIR, after concluding the investigation, the said nine persons were sent for trial for offence u/s 147, 148, 149, 341, 323, 325, 336 and 302 IPC.
(2.) HANUMAN son of Jawana, co -accused died during the course of trial.
(3.) THE trial court acquitted the appellants for offence u/s 325/149 IPC but held them guilty of offences punishable u/s 148, 341, 302/149 and 323/149 IPC vide impugned judgment dt.21/11/2003. This judgment was rendered by the Court of Additional Sessions Judge (Fast Track) No.3, Ajmer, Camp Kishangarh. Vide a separate order of even date, the appellants were sentenced as under: -
Under Section 302/149 IPC - To undergo life imprisonment and pay a fine of Rs.5000/ -and in default of payment of fine to further undergo three months rigorous imprisonment. Under Section 148 IPC -To undergo three years rigorous imprisonment Under Section 341 IPC -To undergo one month simple imprisonment Under Section 323/149 IPC -To undergo one year rigorous imprisonment (All the sentences were directed to run concurrently).
Two of the appellants namely; Sheoraj @ Shivraj s/o Gheesa and Ramdayal s/o Moola, during pendency of the appeal, died and a coordinate Bench on 26/03/2010 ordered that the appeal filed by them stands abated and had taken the amended cause title on the record.;
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