Kanwaljit Singh Ahluwalia, J. - (1.) INSTANT appeal, under Section 374(2) of Code of Criminal Procedure, 1908, has been preferred by seven accused -appellants, namely (i) Mukesh Kumar s/o Nanagram, (ii) Kailash Kumar s/o Ramchandra, (iii) Puran s/o Ramchandra, (iv) Boduram s/o Ramchandra, (v) Banwari Lal s/o Nanagram, (vi) Bhagwana Ram s/o Kishan and (vii) Manki @ Banti @ Vijaykumar s/o Suwalal. They were tried by the Court of Additional District & Sessions Judge, (Fast Track), No. 2, Sikar, Camp at Srimadhopur in Sessions Case No. 08/2003, for causing murder of one Shishpal s/o Bhiwaram, on 28.08.2003 at around 03:00 P.M. in the field of Shishpal, situated in Village Saledipura -Jhakhara, Police Station, Khandela, District Sikar.
(2.) THE Court of Additional District & Sessions Judge (Fast Track), No. 2, Sikar, Camp at Srimadhopur, vide its impugned judgment dated 23.08.2007, held appellant No. 1, Mukesh Kumar to be guilty for offences punishable under Sections 148, 302, 324, 447 and 325/149 of Indian Penal Code. Whereas remaining six accused were convicted for offences punishable under Sections 302/149, 148, 447, 324/149 and 323 of Indian Penal Code. Having convicted the appellants for the above said offences, the trial Judge, vide a separate order of even date, sentenced them as under: - - "Appellant No. 2, Mukesh Kumar: "For offence under Section 302 I.P.C. he was sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/ -. In default of payment of fine to further undergo one year additional simple imprisonment. For offence under Section 148 I.P.C. he was sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs. 500/ -. In default of payment of fine to further undergo fifteen -days additional simple imprisonment. For offence under Section 447 I.P.C. he was sentenced to undergo one month rigorous imprisonment and to pay a fine of Rs. 500/ -. In default of payment of fine to further undergo fifteen -days additional simple imprisonment. For offence under Section 324 I.P.C. he was sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs. 500/ -. In default of payment of fine to further undergo fifteen -days additional simple imprisonment. For offence under Section 325/149 I.P.C. he was sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs. 500/ -. In default of payment of fine to further undergo fifteen -days additional simple imprisonment. Appellant Nos. 2 to 7: For offence under Section 302/149 I.P.C. they were sentenced to undergo life imprisonment each and to pay a fine of Rs. 10,000/ - each. In default of payment of fine to further undergo one year additional simple imprisonment each. For offence under Section 148 I.P.C. they were sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs. 500/ - each. In default of payment of fine to further undergo fifteen -days additional simple imprisonment. For offence under Section 447 I.P.C. they were sentenced to undergo one month rigorous imprisonment and to pay a fine of Rs. 500/ -. In default of payment of fine to further undergo fifteen -days additional simple imprisonment. For offence under Section 324/149 I.P.C. they 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 fifteen -days additional simple imprisonment. For offence under Section 323 I.P.C. they 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 fifteen -days additional simple imprisonment. All the sentences were ordered to run concurrently."
(3.) AGGRIEVED against the conviction and sentence, all these seven accused have instituted the present appeal praying interalia that their conviction and sentence, be set aside, and they be acquitted of the charges leveled against them.;