- (1.) IN a locality called "Swarg Road" in city Alwar neighbours clashed and injuries were caused to the complainant party. A serious dispute has been raised before us whether the injuries were caused to deceased Kastoori Devi and injured Sachin (P.W.8) by blunt weapon lathi or they had suffered injuries due to pelting of stones?
(2.) BEFORE we examine the contentious issue regarding manner of injuries caused, we may notice that seven appellants by way of three different appeals have approached this court praying that the impugned judgment dated 17.10.2007 rendered by the Additional Sessions Judge (Fast Track) No.1, Alwar whereby appellants have been convicted and sentenced for offences under Sections 148, 302 r.w. 149, 325 r.w. 149 and 323 r.w. 149 IPC be set aside. Alongwith the judgment of conviction, a separate order of even date was passed whereby the appellants were sentenced as under: - U/s.302/149 IPC: Sentenced to life imprisonment, to pay a fine of Rs.5000/ - and in default thereof to undergo three years additional imprisonment. U/s.148 IPC: One year simple imprisonment, to pay a fine of Rs.500/ - and in default thereof to undergo three months additional imprisonment. U/s.325/149 IPC: Two years simple imprisonment, to pay a fine of Rs.1000/ - and in default thereof to undergo three months additional imprisonment. U/s.323/149 IPC: Six months simple imprisonment, to pay a fine of Rs.500/ - and in default thereof to undergo one month additional imprisonment. (All the sentences were ordered to run concurrently).
(3.) D .B. Criminal Appeal No.1767/2007 was instituted by Banti, Kajodram, Kishanlal, Ramkishore and Heeralal. D.B. Criminal Appeal No.1782/2007 has been filed by Dharmchand @ Dharmu @ Ramooli. D.B. Criminal Appeal No.1821/2007 has been preferred by Hari. In the present case, criminal proceedings were initiated on the basis of written report (Ex.P.2) submitted by Rakesh (P.W.3) before Surendra Kumar (P.W.7), SHO, P.S. Kotwali, Alwar. The written report (Ex.P.2) when translated into English, reads as under: - "To, The SHO Sahib, Kotwali, Alwar. Sub.: Lodging of report. Sir, It is submitted that today in the evening at 7.30 PM I alongwith my maternal grandmother, Sachin and my mother were sitting. Then Hari S/o. Ramdayal, Kajod S/o. Ramdayal, Kishanlal S/o. Buddha, Heeralal, Ramkishore, Shivnarain, Shiv @ Kali, Ramooli, Ramavtar, Sanju and their wives who reside in our neighbourhood came to our house while giving abuses. My maternal grandmother came and restrained them. Then Hari and Shivnarain said this old lady speaks too much, therefore she be not left today and today she be killed. Then all attacked my maternal grandmother with lathies and swords. Sachin came out. He was also given beating. Noise was raised. People of the Mohallah were attracted. Then accused ran away from the spot. Then we brought our maternal grandmother and Sachin to the hospital. On the way, my maternal grandmother died. It is, therefore, requested that legal action be taken. Thanks, Sd/ - Rakesh S/o. Radheyshyam, r/o. Swarg Road";