Mohammad Rafiq, J. - (1.) Appeals at S.No.1 to 5 above are directed against the common judgement dated 2.2.2007 by which the learned Additional Sessions Judge (Fast Track) No. 1, Jaipur District, Jaipur in Sessions Case No. 17/2006 has convicted the accused-appellants in the following manner: (i) Accused-appellant Suresh Kumar S/o Ganga Ram has been convicted for offence under section 302 read with Section 120B IPC and sentenced to undergo life imprisonment along with fine of Rs. 5,000 and in default whereof, to further undergo rigorous imprisonment of one year and under Section 3/25 of the Arms Act he has been awarded six months' rigorous imprisonment along with fine of Rs. 100/- and in default whereof, to further undergo one month's rigorous imprisonment; (ii) Accused-appellant Ashwani Kumar has been convicted for offence under section 302 read with Section 120B IPC and sentenced to undergo life imprisonment along with fine of Rs. 5,000/- and in default whereof, to further undergo rigorous imprisonment of one year; (iii) Accused-appellant Aman has been convicted for offence under section 302 IPC read with 120B and sentenced to undergo life imprisonment along with fine of Rs. 5,000/- and in default whereof, to further undergo rigorous imprisonment of one year; (iv) Accused-appellants Anil Kumar @ Kaley and Suresh Kumar S/o Shri Prem Kumar have been convicted for offence under section 147 IPC and sentenced to undergo simple imprisonment of six months each, for offence under section 148 IPC to undergo simple imprisonment of one year each, for offence under section 364 IPC to undergo ten years rigorous imprisonment and a fine of Rs. 1,000/-  each and in default whereof, to further undergo rigorous imprisonment of one year each, for offence under section 302 IPC read with Section 149, they have been sentenced to undergo life imprisonment with fine of Rs. 1,000 each and in default whereof, to further undergo rigorous imprisonment of one year each, for offence under section 302 IPC read with 120B IPC, they have been sentenced to undergo life imprisonment with fine of Rs. 5,000 each and in default whereof, to further undergo rigorous imprisonment of one year each. (v) Accused-appellants Rajveer Singh and Vipin @ Vikki have been convicted for offence under section 302 read with Section 120B IPC and sentenced to undergo life imprisonment with fine of Rs. 5,000/- each and in default whereof, to further undergo rigorous imprisonment of one year each, for offence under section 302 IPC read with 149 IPC, they have been sentenced to undergo life imprisonment with fine of Rs. 1,000 each and in default whereof, to further undergo rigorous imprisonment of one year each, for offence under section 147 IPC, they have been sentenced to undergo six months' simple imprisonment and for offence under section 148 IPC, they have been sentenced to undergo one year's simple imprisonment, for offence under section 341 IPC sentenced to undergo simple imprisonment of one month, for offence under section 364 IPC sentenced to undergo ten years rigorous imprisonment with fine of Rs. 1,000/- and in default whereof, to further undergo rigorous imprisonment of one year each. Accused-appellant Vipin @ Vikki was also convicted for offence under section 3/25 of Arms Act and sentenced to undergo rigorous imprisonment of six months' with fine of Rs. 100/- and in default whereof, to further undergo rigorous imprisonment of one month. All the sentences were ordered to run concurrently.
(2.) Appeal at S.No.6 above, bearing no. 35/2008 is directed against the judgement dated 30.7.2007 by which the learned Additional Sessions Judge (Fast Track) No. 1, Jaipur District, Jaipur in Sessions Case No. 5/2007 has convicted the accused-appellant-Mannu @ Manoj for offence under section 147 IPC and sentenced him to undergo six months' simple imprisonment; for offence under section 148 IPC, he was sentenced to undergo one year rigorous imprisonment, for offence under section 341 IPC, he was sentenced to undergo simple imprisonment of one month, for offence under section 364 IPC, he was sentenced to undergo ten years' rigorous imprisonment with fine of Rs. 5,000/- and in default whereof, to further undergo rigorous imprisonment of one year, for offence under section 302 IPC read with 149 IPC, he was sentenced to undergo life imprisonment with fine of Rs. 5,000/-  and in default whereof, to further undergo rigorous imprisonment of one year, for offence under section 302 IPC read with 120B IPC, he was sentenced to undergo life imprisonment with fine of Rs. 5,000/- and in default whereof, to further undergo rigorous imprisonment of one year. All the sentences were ordered to run concurrently and accused-appellant was held entitled to benefit of Section 428 Cr.P.C.
(3.) Facts essential for deciding the appeals are that one Govind Khinchi gave a telephonic information to the Police Station Chandwaji at about 6.20 pm on 22.11.2005 that 5-6 persons in a mahroon colour Maruti Car bearing No. DL-6CE-0434 intercepted the Safari Car, driven by him, bearing no. RJ-14 UA-2502 at Rajpurwas Near Tala River and abducted his master (Sethji) Shankar Lal Agarwal who was travelling therein. On that information, Ashok Kumar, SHO, Police Station Chandwaji reached the place of occurrence and gave information to the Police Headquarters and higher officials. Govind Khinchi came to the Police Station at 8.00 PM on that very day along with one Shri Ram Agarwal and submitted written report stating that he was employed as driver with Shankar Lal Agarwal. On that day, around 5.10 PM, he was driving the Safari Car and Shankar Lal was with him. They started from his farm house. When they reached at Rajpur was near Tala River around 6.00 PM, one Maruti Car of mahroon colour bearing no. DL-6CE-0434 overtook them and stopped in front of their car. Two persons came out of the car and rushed towards their vehicle. They were using abusive language. Their accent was Haryanvi. One of them abused Shankar Lal and stated that he had embezzled the money of his brother in law (sala). Soon two persons came out from behind nearby bushes and opened fire at him (Shankar Lal). The informant Govind Khinchi came out of the Car and ran for his life. At that time, Shankar Lal raised hue and cry, but the informant rushed towards the river. If these persons are produced before him (informant), he could identify them and also identify the vehicle, which they were using. These persons abducted Shankar Lal Agarwal with the intention of killing him.;