- (1.) TWENTY persons, namely Narayan Singh s/o Bal Singh, Dunger Singh s/o Lal Singh, Jai Singh @ Shokin Singh s/o Amar Singh, Nemichand @ Nemaram s/o Bhagwana Ram, Narayan Chandelia s/o Mohan Lal, Surendra Singh s/o Pokharmal Chandelia, Jeevan Singh s/o Narayan Singh, Arjun Lal s/o Ishwar Ram, Jhabarmal s/o Noparam, Ramlal s/o Arjun Lal, Jitendra Singh s/o Nand Singh, Prahlad s/o Mohan Lal, Purnmal s/o Kanaram, Bheenva Ram s/o Prema Ram, Pokharmal s/o Kanaram, Norang Lal s/o Gulab Chand, Harphool Bhamu s/o Girdhari Lal, Girdhari lal s/o Ishwar Ram, Sunil s/o Moolchand, Pokharmal s/o Mohan Lal Chandelia, were sent for trial in a case arising out of FIR No. 137/2005 registered at Police Station Sadar, Sikar for the offences under Sections 147, 148, 149, 323, 427, 452 and 302 IPC. Out of the above persons, Arjun Lal, died during the course of trial. Harphool s/o Girdhari Lal was separately tried, as due to his non -arrest investigation was kept pending against him and Sunil s/o Mool Chand and Pokharmal s/o Mohan Lal were declared as proclaimed offender.
(2.) THE court of Additional Sessions Judge (Fast Track), Sikar, vide impugned judgment dated 26.8.2011, acquitted Jhabarmal s/o Noparam and Jitendra Singh s/o Nand Singh. However, the trial court relying upon the testimony of Prabhu Singh (P.W.14), Mool Singh (P.W.20) and Ramchandra Mund (P.W.19) held the accused Narayan Singh, Dunger Singh, Jai Singh @ Shokin Singh, Nemichand @ Nemaram, Narayan Chandelia, Surendra Singh, Jeevan Singh, Ram Lal, Prahlad, Purnmal, Bheenva Ram, Pokharmal and Norang Lal guilty for causing injuries to the complainant Prabhu Singh (P.W.14). The court further held that on 27.5.2005, all accused at 6:30 PM, in village Nagwa constituted an unlawful assembly being armed with lathis and swords and other lethal weapons trespassed into the house of Prabhu Singh (P.W.14) and caused injuries to Prabhu Singh (P.W.14), Sunita (P.W.9), Sayar, Risal Kanwar (P.W.10) and committed the murder of Bhagwan Singh by throwing him from the roof and by causing him injuries.
(3.) HAVING convicted the appellants for the aforesaid offences, the trial court vide a separate order of even date sentenced them as under: - Appellant Narayan Singh s/o Bal Singh, Dunger Singh, Jai Singh @ Shokin Singh, Nemi Chand @ Nemaram, Narayan Chandelia s/o Mohan Lal, Surendra Singh, Jeevan Singh, Ram Lal, Prahlad, Puranmal, Bhinwaram, Pokharmal s/o Kanaram and Noranglal: U/s 148 IPC - to undergo two years R.I. and to pay a fine of Rs. 500/ - each, in default of payment of fine, to further undergo one month imprisonment. U/s 427 IPC - to undergo one year R.I. and to pay a fine of Rs. 500/ - each, in default of payment of fine, to further undergo fifteen days imprisonment. U/s 323/149 IPC - to undergo one year R.I. and to pay a fine of Rs. 500/ - each, in default of payment of fine, to further undergo fifteen days imprisonment. U/s 325/149 IPC - to undergo three years R.I. and to pay a fine of Rs. 1,000/ - each, in default of payment of fine, to further undergo one month imprisonment. U/s 452 IPC - to undergo three years R.I. and to pay a fine of Rs. 1,000/ - each, in default of payment of fine, to further undergo one month imprisonment. U/s 302/149 IPC - to undergo life imprisonment and to pay a fine of Rs. 5,000/ - each, in default of payment of fine, to further undergo six months imprisonment. Aggrieved against their conviction and sentence, the accused -appellants, namely, Narayan Singh, Dunger Singh, Jeevan Singh, Ram Lal, Pooranmal, Bhinwa Ram, and Pokharmal s/o Kanaram have instituted D.B. Criminal Appeal No. 872/2011; Nemi Chand @ Nema Ram, Narayan Chandelia, Surendra Singh, Prahlad and Norang have instituted D.B. Criminal Appeal No. 873/2011; whereas Jai Singh @ Shokin Singh has filed D.B. Criminal Appeal No. 1066/2011. Since in all the three appeals, the common judgment of conviction and order of sentence has been challenged, we shall decide all the three appeals together.;