- (1.) Hans Raj, Gopal, and Bholu, sons of Ram Ratan, Gopal and Jagdish, sons of Banna, all resident of Village Morla, Police Station, Lamba Harisingh Distt. Tonk have preferred two separate appeals to assail the impugned judgment dated 16th June, 2006 rendered by Court of Additional Sessions Judge, Malpura, Distt. Tonk whereby all appellants were held guilty of offences under Sections 148, 447, 323 read with Section 149 IPC. Appellant Hans Raj was substantively convicted for offence under Section 302 IPC, whereas remaining accused were convicted with aid of Section 149 IPC.
(2.) Vide a separate order of even date, the trial Judge had sentenced the appellants as under : - Accused appellants Hansraj, Bholu, Gopal sons of Ram Ratan, and Gopal and Jagdish sons of Banna:- For offence under Section 148 IPC : to undergo one year rigorous imprisonment, and to pay a fine of Rs. 1000/-, and in default thereto, to further undergo one month imprisonment. For offence under Section 447 IPC : to undergo one month rigorous imprisonment, and to pay a fine of Rs. 500/-, and in default thereto, to further undergo 15 days imprisonment. For offence under Section 323/149 IPC : to undergo six months rigorous imprisonment, and to pay a fine of Rs. 1000/-, and in default thereto, to further undergo one month imprisonment. Accused appellant Hans Raj For offence under Section 302 IPC : to undergo life imprisonment, and to pay a fine of Rs. 5000/-, and in default thereto, to further undergo five month imprisonment. Accused appellants Bholu, Gopal sons of Ram Ratan, and Gopal and Jagdish sons of Banna : For offence under Section 302/149 IPC : to undergo life imprisonment, and to pay a fine of Rs. 5000/-, and in default thereto, to further undergo five month imprisonment.
(3.) All the sentences were ordered to run concurrently.;