- (1.) THIS appeal has been filed against the judgment dated 2.2.2006 passed by Additional Sessions Judge (Fast Track) No.1, Jaipur District Jaipur in Sessions Case No. 103/2003 whereby the appellants have been convicted and sentenced as under: Appellant Ram Narayan Under Section 302 IPC: - to undergo Life imprisonment and a fine of Rs. 100/ - each in default of payment of fine, to further undergo one month R.I.; Under Section 147 IPC: - to undergo one year R.I.; Under Section 447 IPC: - to undergo three months R.I.; Under Section 323 IPC: - to undergo one year R.I.; Appellants Ramavtar, Madan Lal and Pooran Chand Under Section 302/49 IPC: - to undergo Life imprisonment and a fine of Rs. 100/ - each in default of payment of fine, to further undergo one month R.I. each; Under Section 147 IPC: - to undergo one year R.I.; Under Section 447 IPC: - to undergo three months R.I.; Under Section 323 IPC: - to undergo one year R.I.; (All the sentences were ordered to run concurrently)
(2.) THE facts in short are that PW/3 Shankar Lal lodged a written report (Ex.P/1) on 5.12.2002 at Police Station Shivdaspura, Jaipur with the contention that he is resident of Chandlai. On 5.12.2002 at 8.30 A.M., Ram Narain, Ramavtar, Madan, Pooran, Babulal, Hanuman, Sheyoji, Sitaram, Madan S/o Hanuman, Raju, Laluram etc. armed with sticks, Pharsa and Axe etc. came to their house and started beating ladies of the house. Sita Devi w/o Ram Narain, Panchi Devi w/o Ramavtar and Dhapu Devi w/o Nathu Bhai also came behind them and they started throwing house -hold articles. Nathu Panda ran behind him having Axe in his hand. Blow was inflicted on the head of Hanuman and Rameshwar. It is also contended in the written report that earlier also accused persons gave beating to them for which report was lodged and case is pending. On this written report, FIR No. 265/2002 was registered and after investigation, charge -sheet was filed against five appellants namely Ram Narayan, Madanlal, Ramavtar, Pooran and Shyojiram and qua rest of the accused, investigation was kept pending under Section 173 (8) Cr.P.C. The case was committed and tried by Additional Sessions Judge (Fast Track) No.1, Jaipur District, Jaipur.
(3.) THE charges were framed against the appellant Ram Narayan for offence under Sections 147, 447, 323, 302 IPC and against rest of the accused for offence under Sections 147, 447, 323, 302/149 IPC. The said charges were denied by the accused and they claimed to be tried. In support of its case, the prosecution examined PW/1 Lalli w/o Pooran, PW/2 Lalli wife of Shankar, PW/3 Shankar Lal, PW/4 Geeta, PW/5 Meeta Devi, PW/6 Madan Lal, PW/7 Sujilal @ Shivjilal, PW/8 Pooran, PW/9 Lalchand, PW/10 Rameshwar, PW/11 Nathulal, PW/12 Gopal Mali, PW/13 Premchand, PW/14 Laxminarain, PW/15 Suresh, PW/16 Shravanlal, PW/17 Girrajprasad, PW/18 Dr. Ashok Mathur, PW/19 Ramesh, PW/20 Radhey Shyam, PW/21 Ram Karan, PW/22 Babu Lal, PW/23 Harisingh, PW/24 Jagdishnarain, PW/25 Yadram and PW/26 Dr. Rajesh Kumar Verma and produced Ex. P/1 to P/36. Statements of accused persons have been recorded under Section 313 Cr.P.C and in defence oral evidence DW/1 Kailash and DW/2 Sitaram were produced and defence also relied upon Ex.D/1 to D/14. After conclusion of trial vide judgment dated 2.2.2006, they were convicted and sentenced as above, hence this appeal has been preferred.;