- (1.) ON 13.12.2003, at about 11:00 AM, in the field of Tota Ram Jatav, the murder of Dattari, was caused due to fire arm injury. Ram Sharan (P.W. 20) received injuries falling within the ambit of Section 307 IPC, whereas, Smt. Budhi Devi (P.W. 16) suffered grievous injury with blunt weapon, falling within the ambit of Section 325 IPC. Simple injuries were also caused to Hari Singh (P.W. 15), Nand Ram (P.W. 9), Lallu (P.W. 1), Smt. Ramdei (P.W. 22), Dharmpal (P.W. 12), Nihal Singh (P.W. 13), Shiriya (P.W. 14), Roshan (P.W. 2), Gopal and Baney Singh. But Gopal and Baney Singh have not been examined by the prosecution.
(2.) A written complaint (Exhibit -P/1) against the conduct of the accused, who caused murder of Dattari and caused injuries to number of persons, on 13.12.2003, at 1:00 PM, was submitted by Lallu (P.W. 1) before ASI Rajendra Singh (P.W. 18), In -charge, Police Station, M.I.A., Alwar. On the basis of above written complaint, a formal FIR was registered at Police Station M.I.A., Alwar (Exhibit -P/2), for the offence under Sections 147, 148, 149, 307, 323, 341 and 302/34 IPC. Lallu (P.W. 1) in written complaint (Exhibit -P/1) named following twenty -seven persons as accused: - - "(1)Aseen, (2) Subhan (3) Tundal (4) Kidiya (5) Alikha (6) Hameed (7) Dunda @ Dhammali (8) Kamal Khan (9) Azad Khan (10) Fajju (11) Laad Khan (12) Sarjeet (13) Shahjad (14) Umardeen (15) Iliyas (16) Samaydeen (17) Asudeen (18) Jumma (19) Milli @ Madarbax (20) Dalla (21) Amru (22) Maujbi (23) Bassi (24) Kaiyam (25) Peerbax (26) Ayub (27) Nijja."
(3.) OUT of above twenty -seven persons, investigation was kept pending against seven persons, namely Tundal, Kidiya, Dunda @ Dhammali, Jumma Khan, Fajju, Amru, Nijja, under Section 173(8) Cr.P.C., as they could not be arrested by the Investigating Agency. Ersons were sent for trial. Out of the said Ersons, five accused, namely Ali Khan, Kamal Khan, Hamid Khan, Subhan Khan and Aasin Khan, were convicted by the trial court by impugned judgment dated 4.8.2005, for the offence under Sections 148, 302/149, 325/149, 323/149 and 341 IPC. By a separate order of even date, they were sentence as under: - - "u/s. 148 IPC - to undergo three years' R.I. u/s. 302/149 IPC - to undergo life imprisonment and to pay a fine of Rs. 5,000/ -. u/s. 325/149 IPC - to undergo two years' R.I and to pay a fine of Rs. 1,000/ -. u/s. 323/149 IPC - to undergo one year's R.I., and to pay a fine of Rs. 5,00/ -. u/s. 341 IPC - to undergo one month's S.I.";