- (1.) DAYAL , his brother Murari, Komal and Gajan Lal both sons of Ratna, were tried by the court of Additional Sessions Judge (Fast Track), Baran, for causing murder of Moti Lal on 6.10.2000 at 6:00 PM, in village Moja Semara and for also causing simple injury to Ram Charan (P.W.4). The trial court vide impugned judgment dated 6.7.2002, held all the appellants guilty of offence under Section 302/34 IPC and also substantively convicted the appellant Dayal for the offence under Section 323 IPC.
(2.) HAVING convicted the appellant, the trial court vide a separate order of even date sentenced them as under: - U/s 302/34 IPC - to undergo life imprisonment and to pay a fine of Rs. 100/ - each, in default of payment of fine, to further undergo one month S.I. U/s 323 IPC - to undergo one month S.I. and to pay a fine of Rs. 100/ -, in default of payment of fine to further undergo seven days S.I.
(3.) AGGRIEVED against their conviction and sentence, all the four accused -appellants preferred D.B. Criminal Appeal No. 1146/2002. They have also sent an appeal through Jail, which was assigned docket No. 1008/2003. Since both the appeals have been filed by the same appellants assailing the common judgment, we shall club both the appeals and decide them together. In the present case, the criminal proceedings were initiated on the basis of statement of Ram Charan (P.W.4) recorded by Rati Ram (P.W.7), who was then posted as SHO, Police Station Shahbad.;