- (1.) The appellants, Dhanraj, Ramsahai, Mahaveer, Hajari Lal, Maya Ram, and Ramphool have challenged the judgment dated 20.4.2005, passed by the Addl. Sessions Judge (Fast Tract) No.1, Tonk, whereby the learned Judge has convicted them for offences under Sections 148, 341 and 302 read with Section 149 IPC. For offence under Section 148 the appellants have been sentenced to two years of rigorous imprisonment, imposed with a fine of Rs. 200/- each, and directed to further undergo a sentence of fifteen days of simple imprisonment. For offence under Section 341, they have been sentenced to one month of simple imprisonment. For offence under Section 302/149 they have been sentenced to life imprisonment, imposed with a fine of Rs. 2000/- each, and directed to undergo six months of simple imprisonment in default thereof. It was further directed that the sentence for offences under Sections 148 and 341 IPC would be undergone before the sentence for life imprisonment begins.
(2.) Briefly the facts of the case are that Foru (P.W.2) lodged a report at Police Station Thad, District Tonk, on 25.4.2004 at 9:30 AM. The report when translated into English, reads as under:- "To The S.H.O. Police Station Thad, District Tonk (Rajasthan) Subject:- About the assault on my brother Ghasi Lal. Sir, In reference to the above noted subject it is submitted that today on 25.4.2004 at 7:00 AM the incident occurred. My elder brother Ghasi Lal son of Ramnarayan Meena, was a resident of Muglana. My brother was sitting at his well. In order to construct his house he went to get the bricks from his brother-in-law, Ladu Lal in village Thokarvas. On his way to the village Muglana-Ka-Tal, he was intercepted by Hajari son of Jwana, Ramsahai son of Hajari, Maya Ram son of Hajari, Dhanraj son of Pokhar, Mahaveer son of Pokhar, Ramphool son of Pokhar, residents of Muglana, and by their wives Ladi wife of Hajari, Mathura wife of Pokhar, Ramjanki wife of Ramsahai, Meera wife of Mayaram, and Roshan wife of Dhanraj Meena, also residents of Muglana. These persons surrounded him. Hajari fired a gun which struck him below his knees. Ramsahai struck him on the elbow of his right arm, Mahaveer struck him on the elbow of the left arm. The rest assaulted him with kulharies (axes) and wooden sticks. When we heard the alarm raised by him, I, Foru, my elder brother Kailash, Kailash's son Sualal, Ram Lal son of Nanda Meena rushed to Muglala. Seeing us coming, these persons left my brother as dead. My brother had about Rs. 20,000/- in his purse which was taken away by these persons. We brought our brother back to the well situated at Dohri. While taking him to the hospital he died. I request that these persons should be arrested and should be punished."
(3.) On the basis of this report (Ex.P.2) the police chalked out a formal FIR (Ex.P.27), namely FIR No.71/2004 for offences under Sections 147, 148, 149, 341, 302 and 379 IPC. After completing the investigation, the police filed a charge-sheet against the appellants for offences under Sections 147, 148, 149, 341 and 302 IPC. The Trial Court charged them for offences under Sections 148, 341, 302 read with Section 149 IPC.;