SHARMA, J. - (1.) THE accused -appellants have preferred this criminal appeal against the judgment of conviction and order of sentence dated 07.05.2005 passed by the learned Additional Sessions Judge (Fast Track), No. 3, Udaipur camp at Salumber in Sessions Case No. 93/2004, whereby they have been convicted for the offences punishable under Sections 148 and 302/149 Indian Penal Code and each sentenced as under: - 148 IPC Two years' simple imprisonment with fine of Rs. 500/ - and to further undergo one month's simple imprisonment in event of default in payment of fine. 302/149 IPC Imprisonment for life term along with fine of Rs. 2000/ - and to further undergo three months' simple imprisonment in event of default in payment of fine.
(2.) THE brief facts of the case are that Kantilal (PW -2) submitted a written report that on 11.08.2003, at about 5.00 pm, he, his father Khaturam, Sanjay, Banshi, Prakash and Bahadur returned home after agriculture work from Pulawala agricultural field, from where his father Khatuji was returning to his house, he crossed about 50 yards distance, on hearing cry of accused persons, he (Kantilal), Prakash, Sanjay, Banshi and Bahadur all came outside and saw that Rooplal, Ashok, Rama, Jeeva and Babu were having swords in their hands, Valji was having Bhala in his hand, Nana and Bharat were having axes in their hands, Kanna was having Lath (stick) in his hand along with 5 -6 persons surrounded his father. Accused Roopa inflicted sword blow on the neck of his father, Ashok inflicted sword blow on the leg, Valji assaulted on the back from Bhala and other accused persons Rama, Jeeva, Babu from swords, Nana from axe and Kanna from lath (stick), inflicted blows on his father. When they tried to intervene, the accused persons also tried to beat them on which they ran away. When the accused persons ran away from the place of incident, his father was taken to the Hospital at Kherwada and then to Doongarpur General Hospital where he was declared dead. On basis of the above report, FIR No. 120/2003 under Sections 147, 148, 302, 149 Indian Penal Code was registered at Police Station Pahada and investigation commenced. After completion of investigation, charge -sheet was filed against the appellants -accused in the court of learned Additional Chief Judicial Magistrate, Kherwada from where it was committed to the court of Sessions Judge, Udaipur. Thereafter, the case was transferred to the court of Additional Sessions Judge, No. 2, Udaipur from where the case was again transferred to the court of learned Additional Sessions Judge (Fast Track), No. 3, Udaipur Camp Salumber (hereinafter referred to as "the learned trial court"). The learned trial court, after hearing on the charge, framed charges against the appellants -accused for the offences punishable under Sections 148 and 302/149 Indian Penal Code to which they denied and claimed for trial. To prove its case, the prosecution examined as many as 21 witnesses and exhibited various documents. The accused persons availed opportunity to explain the circumstances adverse to them in prosecution evidence. In defence testimonies of Jeeva Lal (DW -1), Dashrath (DW -2) and Laxman (DW -3) was taken and certain documents were exhibited.
(3.) THE learned trial court, after hearing the learned Additional Public Prosecutor and the learned counsel for the accused, convicted and sentenced them as aforesaid vide impugned judgment of conviction and order of sentence dated 07.05.2005.;