- (1.) The accused appellants have preferred this appeal under Section 374(2) Cr.P.C. against the judgment dated 15.04.2006 passed by the learned Additional District and Sessions Judge, Rajgarh, District Alwar in Sessions Case No.18/2002, whereby he has convicted and sentenced them as under: "Appellants No.1 to 3, namely Bhagirath, Ramniwas and Ghisaram: For the offence under Section 148 IPC to 6 months S.I. each. They were though convicted for the offence under Section 147 IPC also but no sentence was awarded in view of awarding sentence for the offence under Section 148 IPC. For the offence under Section 364 IPC to 5 years' imprisonment each with fine of Rs.1,000/- each and in default of payment of fine, one year additional S.I. each. For the offence under Section 302 IPC to Life Imprisonment each with fine of Rs.5,000/- each and in default of payment of fine, 2 years' additional S.I. each. Appellants No.4 to 7, namely Ramjilal, Hardayal, Girraj and Kajod: For the offence under Section 148 IPC to 6 months S.I. each. For the offence under Section 364 IPC to 5 years imprisonment each with fine of Rs.1,000/- each and in default of payment of fine, one year additional S.I. each. For the offence under Section 302/149 IPC to life imprisonment each with fine of Rs.5,000/- each and in default of payment of fine 2 years' additional S.I. each."
(2.) Instant criminal case arises out of a report lodged by one Mohar Singh Yadav son of Mitthan Lal Yadav. It is alleged in the report that he alongwith his brother Ranjeet had gone to Rajgarh. In Machri Chowk, they had met Ghisaram, Bhagirath, Kala, Kajodmal, Ramjilal, Hardayal and Giriraj Jogi, all resident of Baad Doroli. These persons are said to have told the informant and his brother that the girl is not changing her statement and therefore let us go to the village and collect some respectable persons so as to have the matter compromised. The informant and his brother replied that they may proceed for the village and they would be coming in a jeep. Thereafter, near the Gole Chakkar, they had met Smt. Kishni, a resident of their village and she had come to the market for selling vegitable (Tinda). While the informant and his brother were talking to the said lady, the aforesaid persons belonging to the accused party had come also there. They had asked the informant and his brother to come with them on their motorcycle so as to reach the village early. Accordingly, the deceased Ranjeet sat on one of the motorcycle alongwith the accused Bhagirath, Ghisaram and Kala and then they proceeded to their village. Later on, the informant Mohar Singh and Smt. Kishni boarded a bus and reached the village. The informant had then gone to his house and inquired from his family members about Ranjeet. He was informed that he had not reached so far. The informant had then thought that Ranjeet may be busy in collecting some elderly people of the village to call a meeting for settling the issue about the girl who was in custody of the brother of the deceased, namely Vijay Singh. When the informant had gone towards the village and reached the house of Lalaram, the Sarpanch, a jeep belonging to the Cooperative Bank had come to the house of the accused Ghisa Jogi. The bank employees had then informed that a person was being given beating in the house of Ghisa Jogi. Thereafter, the complainant rushed to the house of Ghisa and found that the accused persons had assembled and his brother was lying on the ground with profuse bleeding. On the aforesaid report, a regular FIR (106/2002) came to be registered at Police Station Rajgarh at about 02.30 pm. On 13.05.2002, for the offences under Sections 147, 148, 149, 302 and 364 IPC. Thereafter, the usual investigation commenced and the police, after reaching the place of incident, prepared the site plan; collected blood stained and ordinary mud; recorded the statements of the informant and other persons; arrested the accused and on their information and at their instance, recovered weapon of offence and blood stained clothes, which they were wearing. The blood stained weapons and clothes were sent to the FSL for serological examination. The postmortem of the deceased was got conducted, according to which death was caused due to haemorrhage and shock as a result of head injury and bilateral upper limb injury. On completion of the investigation, challan was filed against eight accused persons which included accused Smt. Chhoti, other than the present accused appellants for the offences under Section 147, 148, 149, 364, 302 and 120B IPC.
(3.) The concerning Magistrate had thereafter committed the case to the Court of Sessions. The Sessions Court had then transferred the same to the Additional District and Sessions Judge, Rajgarh, District Alwar. The trial commenced in the Court of Additional District and Sessions Judge, Rajgarh with framing of charges against the accused appellants. The charges against Bhagirath, Ramniwas and Ghisaram were framed for the offences under Section 147, 148, 364, 302 and 120-B IPC and against the accused appellants Ramjilal, Hardayal, Giriraj and Kajod were framed for the offences under Section 147, 364, 302/149 and 120-B IPC. Similarly, the charges against the accused Smt. Chhoti were framed for the offences under Section 147, 302/149 and 120-B IPC. All the accused persons denied the charges and claimed for trial. In support of its case, the prosecution had produced 29 witnesses and submitted 41 documents which were duly exhibited by the trial court. Subsequently, the statement of the accused persons were recorded under Section 313 Cr.P.C. and in support of their defence, they had produced four documents. The trial court had concluded the trial by passing the judgment, on hearing the final arguments of the parties, whereby it had acquitted the accused Smt. Chhoti of all the charges levelled against her. Similarly, the accused appellants were acquitted for the offences under Section 120-B IPC. But they were convicted and sentenced on 15.04.2006 by the learned trial court, for the offences aforementioned. Hence, the present appeal was filed which has come for hearing before us.;