KANWALJIT SINGH AHLUWALIA, J. - (1.) THE present appellants viz., Hemraj and Gyarsi Ram, along with co -accused, namely Radheyshyam, Rishiraj @ Rubia, Sitaram @ Ruggha, Chhitar, and Ramchandra @ Chandriya were named as accused in a case arising out of First Information Report (Exhibit -P/6), bearing No.240/2004, registered at Police Station, Sarolakalan, District Jhalawar for offences punishable under Sections 147, 148, 149, 341, 307 and 323 of Indian Penal Code.
(2.) DURING the course of investigation, accused, namely Hemraj and Gyarsi Ram were not apprehended and the charge -sheet was submitted against them under Section 299 of Code of Criminal Procedure, however, later they were arrested and sent for trial.
(3.) THE Court of Additional District and Sessions Judge (Fast Track), Jhalawar, by impugned judgment dated 09.03.2006 convicted the present appellants, namely (i) Gyarsi Ram and Hemraj for offences punishable under Sections 148, 341, 302/149 and 323/149 of Indian Penal Code. Having held the appellants guilty of above said offences, the trial Judge, vide a separate order of even date, sentenced them as under : - "For offence under Section 148 I.P.C. the appellants were sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.500/ - each, in default of payment of fine to further undergo one months' simple imprisonment. For offence under Section 341 I.P.C. the appellants were sentenced to undergo one month's rigorous imprisonment. For offence under Section 302/149 I.P.C. the appellants were sentenced to undergo life imprisonment and to pay a fine of Rs.5000/ - each, in default of payment of fine to further undergo three months' simple imprisonment. For offence under Section 323/149 I.P.C. the appellants were sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs.500/ - each, in default of payment of fine to further undergo one months' simple imprisonment." ;