Atul Kumar Jain, J. - (1.) This matter relates to F.I.R. No. 104/2008 under Section 1302 of Indian Penal Code etc. lodged at Police Station, Sadar Pali. After I investigation, the police had submitted a charge-sheet under Section 302 of I India Penal Code etc. against all the five accused-appellants. Sessions Case No. 134/2008 was registered on the basis of the charge-sheet in the Court of Addl I Sessions Judge (Fast Track) No. 2, Pali and, after trial, by the judgment dated 128.2.2011, that Court has convicted and sentenced all the five accused I appellants as follows:- JUDGEMENT_221_LAWS(RAJ)4_2014.html
(2.) All the five accused-appellants have challenge the judgment dated 28.2.2011 in this D.B. Criminal Appeal and it has been argued on their behalf that if the plea of alibi raised by all the accused-appellants in the Trial Court is not believed by the Appellate Court also, then they may be punished at the most either under Section 325 or under Section 325/149 of Indian Penal Code in place of Section 302 or Section 302/149 of Indian Penal Code. No forceful argument has been raised on behalf of the accused-appellants against their convictions and sentences passed under Sections 148 and 341 of Indian Penal Code.
(3.) We have heard the arguments of both the sides. We have perused the record of the case and we have perused the impugned judgment as well.;