- (1.) This appeal is directed against the judgment of Additional District Judge, Nohar, District, dated 23.7.2002 whereby, the appellants Ram, Bhala Ram, Krishan and Mahaveer Singh have been convicted and sentenced to life imprisonment under Section 302/34 IPC and a fine of Rs. 1000/- and in default of payment to further undergo one year's rigorous imprisonment, under Section 325/34 IPC, two years' rigorous imprisonment and fine of Rs. 5000/- and in default of payment of fine to further three months' rigorous imprisonment, under Section 458 IPC, ten years' rigorous imprisonment and a fine of Rs. 1,000/- and in default of payment of fine to further undergo one year's rigorous imprisonment, under Section 460 IPC, ten years' rigorous imprisonment and a fine of Rs. 1,000/- and in default of payment to further undergo one year's rigorous imprisonment, under Section 394 IPC, seven years' rigorous imprisonment and a fine of Rs. 1,000/- and in default of payment to further undergo one year's rigorous imprisonment.
(2.) The facts of the case so far as they are relevant for the purpose of disposal of this appeal may be summarised as below:- The complainant Smt. Girdavari wife of decease Omprakash on 2.11.1998 at 8.30 a.m. lodged an oral First Information Report at Police Station, Nohar that appellant Bhinya Ram alongwith Malka Godara, Krishan and three other persons came to her residence at about 12 in the mid - night between 1.11.1998 and 2.11.1998. Bhinya at Krishan were armed with lathis and Malka Godara was armed with 'Kulhari'. They started beating Omprakash and his mother Sarbati, who were sleeping. It was also stated in the FIR that all these persons came into the house by jumping over the boundary wall with intention to kill and due to the injuries inflicted on Omprakash and Sarbati, both succumbed to the injuries. While going back from the place of incident, they also broke open the box lying in the house of deceased Omprakash and took away Rs. 40,000/-, silver ornaments and 'Kara' worn by deceased Sarbati weighing about 5 kgs. They also shouted that they have already killed Jagdish in the fields and these two persons have and thus, they have taken revenge for the dispute about the land, which was going on between them. According to the said FIR, the appellant Bhinya Ram is the real brother of deceased Omprakash and son of deceased Sarbati.
(3.) The learned trial Court tried the four accused persons namely Bhinya Ram s/o Manphool Ram, Bhala Ram s/o Rawata Ram, Krishan s/o Girdhari and Mahaveer Singh s/o Badri Prasad for various offences mentioned above. The accused persons Bhinya Ram, Bhala Ram, Krishan and Mahaveer Singh were not found guilty for offences under Sections 149 and 396 IPC. However, they were convicted under Sections 325, 323, 324, 458, 460, 394, 397 and Section 302 read with Section 34 IPC. However under Section 148 and 396 IPC, they were acquitted. The different sentences awarded by the trial Court were ordered to run concurrently.;