NISHA GUPTA, J. - (1.) BOTH these appeals arise out of a common incident and are filed against the common judgment dated 25.7.2007 passed by Additional Sessions Judge (Fast Track) No.2, Dholpur in Sessions Case No. 57/2005 hence are decided by this common judgment. By the judgment under appeal, the accused appellants were convicted and sentenced as under: (1) Kedar Singh Section 302/34 IPC: Life imprisonment and a fine of Rs. 5,000/ - in default of payment of fine to undergo further 2 years S.I. 30 of Arms Act: Six months S.I. and fine of Rs. 1,000/ - in default of payment of fine to undergo one month S.I. (2) Shyamveer Singh Section 302/34 IPC: Life imprisonment and a fine of Rs. 5,000/ - in default of payment of fine to undergo further 2 years S.I. (3) Devendra Singh Section 302/34 IPC: Life imprisonment and a fine of Rs. 5,000/ - in default of payment of fine to undergo further 2 years S.I. (4) Udai Bhan @ Bhura Section 302 IPC: Life imprisonment and a fine of Rs. 5,000/ - in default of payment of fine to undergo further 2 years S.I. All the sentences were ordered to run concurrently.
(2.) THE brief facts of the case as per the prosecution are that PW/1 Bhagwan Das lodged a written report (Ex.P/1) at Police Station Basedi Distt. Dholpur with the contention that he advanced Rs. 10,000/ - to Kedar and Rs. 20,000/ - to Kalla on loan and on demand made for return, on 5.12.2004 at 8.00 AM Kedar, Bhura, Udaliya, Rajbeer, Kishansingh, Darua, Shyamveer, Pappu, Dashrath, Devendra and Raju S/o Munshi, Lalu, Dheersingh Kalla, Pappu and Sanju S/o Kishansingh, Ramkhiladi armed with Pachphera, 12 bore gun, Katta and Revolver attacked him with the intention to liquidate him and his nephew Rambhajan. Accused fired at their house. Kedar and Bhura were having licenceed and unlicenceed Pachphera, they fired Rambhajan suffered injuries on his eye and temporal region and died on the spot. Darua and Ramkhiladi fired on her niece Vandana shot hit her thigh. Shyamveer was having 12 bore gun and others were having Katta and Revolver. On hearing cries Jogendra S/o Moharsingh, Kaptan, Harisingh and Murari from village Pipron came on the spot, and the accused persons gave threats to them also. Vandana was shifted to Basedi hospital but on the way she died. On this written report, FIR No. 329/2004 (Ex.P/46) was registered at Police Station Basedi Distt. Dholpur and after usual investigation charge -sheet has been filed against the appellants. The case was committed and tried by Additional Sessions Judge (Fast Track) No.2, Dholpur.
(3.) THE charges have been framed against the appellants for the offences under Sections 148, 302 -302/149 IPC and Section 3/27 read with Section 30 Indian Arms Act and Section 148, 302 -302/149 IPC same were denied by the accused persons and they claimed to be tried. The prosecution has examined PW/1 Bhagwansingh, PW/2 Murari, PW/3 Kaptan, PW/4 Sobran, PW/5 Jogendra, PW/6 Kanha Singh, PW/7 Damodar, PW/8 Ramnath, PW/9 Ramesh, PW/10 Ramswaroop, PW/11 Shyamsingh, PW/12 Pappu, PW/13 Rambhooli, PW/14 Gopaliram, PW/15 Rajbahadur, PW/16 Dhurvsingh, PW/17 Moolchand, PW/18 Gajrajsingh, PW/19 Shivramsingh, PW/20 Batohi, PW/21 Vijaypal Singh, PW/22 Dr. S.K. Garg, PW/23 Dayalsingh, PW/24 Ramsingh, PW/25 Krishna Chand Yadav, PW/26 Mansingh, PW/27 Dharmendra Singh, PW/28 Mangilal, PW/29 Surendra Singh, and PW/30 Dr. Ramdas Garg to support its case. Prosecution has also relied upon documents Ex.P/1 to P/48. Statements of accused persons have been recorded under Section 313 Cr.P.C. In defence Ex. D/1 to D/7 were produced. After conclusion of trial, the appellants have been convicted and sentenced, as referred above, hence these appeals.;