V.K.BALI, J. - (1.) By this common order, we propose to dispose of two connected Criminal Appeals bearing No. 315/2001 filed by Shiv Charan, Rati Ram, Asha Ram, Dharam Singh and Mahaveer Singh as also Criminal Appeal No. 629/2001 filed by Rati Ram through Jail, as the same emanate from a common impugned order of conviction and sentence dated 7-5-2001 recorded by the learned Additional Sessions Judge, No. 2 Sikar. All the five ap'pellants who faced trial under various sections have since been held guilty for an offence under Section 395/149, IPC and sentenced to undergo rigorous imprisonment for ten years as also to pay fine of Rs. 500/- each and in default of payment of fine to further undergo simple imprisonment for a period of one month. Under Section 396/149, IPC to undergo life imprisonment as also to pay fine of Rs. 500/- each and in default of payment of fine, to further undergo simple imprisonment for one month. They have also been held guilty for an offence under Section 148, IPC to undergo rigorous imprisonment for one month as also to pay fine of Rs. 100/- each and in default of payment of fine, to further undergo simple imprisonment for one month. They have also been held guilty for an offence under Section 458, IPC to undergo rigorous imprisonment for five years as also to pay fine of Rs. 500/- each and in default of payment of fine, to further undergo simple imprisonment for one month.
(2.) Mahaveer Singh has separately been held guilty for an offence under Section 3/25 of the Arms Act to undergo rigorous imprisonment for one year as also to pay fine of Rs. 500/- each and in default of payment of fine, to further undergo simple imprisonment for one month.
(3.) The appellants as per prosecution version are said to have caused death of one and injuries to others while committing dacoity on the intervening night of 12/13th May, 1999 at 2.30 a.m. First Information Report with regard to incident came to be lodged by Rajendra Prasad, injured P.W. 1 at 3.15 a.m. on 13th May, 1999. His state- ment was recorded by Mr. Girdhari Lal, ASI P.W. 31. It is on the statement made by Rajendra Prasad P.W. 1 that formal FIR Ex. P. 52 came to be registered at 4.00 a.m. on 13th May, 1999. Special report with regard to incident reached the concerned Magistrate at 11.45 a.m. The statement made by Rajendra Prasad P.W. 1 before Girdhari Lal ASI P.W. 31 when translated into English would read as follows :- "Stated that today on 13th May, 1999 at about 2.30 a.m. in the morning when I and my wife Rameshwari were sleeping in the room of their house (Dhani), there was commotion outside upon which I and my wife got up. Outside, a lot of hue and cry was going on and when I was about to come out the rogues who were five or six in number came and started beating me with iron rods and sticks. They did not permit me and my wife to go out of the room. The electric light was on in my room. These rogues had torches in their hands. Three persons were wearing pant and T-Shirts and they were time and again threatening that they should tell us where was the money as otherwise we would be killed. One of them took out a pistol and he was threatening us. My wife was beaten and thrown outside and she was crying. They broke open the cupboard of my house and took out cash and jewellery from a box by breaking it. The details of Jewellery is known to my wife who would give details thereof later. They then dragged me and brought me outside the house. I then saw that my father had been belaboured who was not speaking. I then came to know that because of giving beatings by rogues my father has died. They also broke open the box of my mother Dhoori and took out belongings from it. These rogues were five or six in numbers. Out of them two had beaten my father outside. I will give list of looted articles after sometime. The small bag which was lying in my box contained my photo and an amount of Rs. 10,000/-, they took away also. All these people were of black complexion and were wearing half green shirt and white pants. They were of the age of about 39 years. From their inter se talks, they appeared to be belonging to U.P. They had given beating to my wife and my mother. My father was killed by these rogues and I had brought the injured persons to hospital in a Jeep.";