- (1.) ON 30.8.2006, at about 6:00 -7:00 PM, in village Beragarh, as per prosecution case, family of Ramlal which included his three sons namely Phool Chand, Mangilal, Harak Chand, Gulab Bai wife of Ramlal, Kasturi Bai and Kesar Bai wives of Phool Chand and Mangilal, respectively, had caused murder of Motilal and also caused injuries to his three sons Bhanwar Lal (not examind), Pappu (P.W.6) and Ram Gopal (P.W.7).
(2.) ALL the above seven accused were tried by the court of Additional Sessions Judge, Aklera, District Jhalawar. The trial Judge vide impugned judgment dated 6.2.2008, acquitted Ramlal, Gulab Bai, Kasturi Bai and Kesar Bai. However, the trial court held Phool Chand substantively guilty of offence under Section 302 and 323 IPC and convicted the accused Mangilal and Harak Chand with the aid of Section 34 IPC for offence of murder and causing simple injuries. The trial court acquitted Phool Chand, Mangilal and Harak Chand for the offence under Section 147 and 148 IPC and also of the charge of murder and simple injuries with the aid of Section 149 IPC by applying Section 34 IPC qua these offences.
(3.) HAVING convicted the appellants, in above terms vide a separate order of even date, the trial court sentenced appellant Phool Chand, Mangilal and Harak Chand as under: - U/s 302 and 302/34 IPC - to undergo life imprisonment and to pay a fine of Rs. 5,000/ -, in default of payment of fine, to further undergo five month R.I. U/s 323 and 323/34 IPC - to undergo one month R.I. The trial court further ordered that the sentence awarded upon the appellants shall run concurrently. Aggrieved against their conviction and sentence, the appellant Phool Chand has preferred D.B. Criminal Appeal No. 284/2008 and the appellants, namely Mangilal and Harak Chand have instituted D.B. Criminal Appeal No. 283/2008. Since both the appeals assail common judgment of conviction and sentence, they shall be decided together.;