- (1.) IN the instant case, three appellants, namely (i) Ramroop, (ii) Sahabsingh and (iii) Bhagirath are real brothers. As per prosecution case, on 12.10.2004 at about 03:00 P.M. in the revenue estate of Rijhawas in the passage of field, the appellants have committed murder of one Kajodi s/o Angad by giving him stick (lathi) blows.
(2.) THE Court of Additional District and Sessions Judge (Fast Track), Hindaun City, District Karauli (Rajasthan), vide its impugned judgment dated 28.04.2006, held appellant, Bhagirath guilty for offence punishable under Sections 302, 341 and 323 of Indian Penal Code, along with two co -accused brothers, namely Ramroop and Sahab Singh for offence punishable under Sections 302/34, 341 and 323 of Indian Penal Code.
(3.) HAVING convicted all the appellants for the above said offences, the trial Judge, vide a separate order of even date, sentenced them as under : - "Accused -appellants Nos.1 and 2, namely Ramroop and Sahab Singh : For offence under Section 302/34 I.P.C. to undergo life imprisonment and to pay a fine of Rs.5000/ - each. In default of payment of fine to further undergo six months' rigorous imprisonment. For offence under Sections 341 I.P.C. to undergo one month's rigorous imprisonment. For offence under Section 323 I.P.C. to undergo one month's rigorous imprisonment. Accused -appellant No.3, namely Bhagirath: For offence under Section 302 I.P.C. to undergo life imprisonment and to pay a fine of Rs.5000/ -. In default of payment of fine to further undergo six months' rigorous imprisonment. For offence under Section 341 I.P.C. to undergo one month's rigorous imprisonment. For offence under Section 323 I.P.C. to undergo one month's rigorous imprisonment." (All the sentences were ordered to run concurrently)." Aggrieved against their conviction pronounced and sentence awarded by the trial Court, the present appellants, namely Ramroop, Sahab Singh and Bhagirath have preferred this appeal, under Section 374 of Code of Criminal Procedure, 1973, before this Court.;