Kanwaljit Singh Ahluwalia, J. - (1.) VIMLA Meena wife of Sultan Singh, Chetan Kumar Meena S/o. Sultan Singh, Mali Ram S/o. Sedu Ram, Bhagwan Sahay S/o. Ishwar Nath, his two sons namely Om Prakash and Rajendra Yogi, were tried for constituting unlawful assembly for having committed murder of Chandrapal on 22.5.2004 at 9:30 AM. They were also tried for causing injuries to Vikas Yadav (P.W.5) son of the deceased Chandrapal.
(2.) THE court of Addl. Sessions Judge (Fast Track) No. 2, Jaipur City, Jaipur, vide impugned judgment dated 31.5.2007, held the appellants namely Vimla Meena, Mali Ram, Om Prakash, Bhagwan Sahay guilty for the offence under Sections 302/149, 147, 148, 341, 323/149 and vide a separate order of even date, sentenced them as under: "U/s. 302/149 IPC - to undergo life imprisonment and to pay a fine of Rs. 3000/ - each, in default of payment of fine, to further undergo one month S.I. U/s. 147 IPC - to undergo two months S.I. and to pay a fine of Rs. 200/ - each, in default of payment of fine, to further undergo one month S.I. U/s. 148 IPC - to undergo three months S.I. and to pay a fine of Rs. 200/ - each, in default of payment of fine, to further undergo fifteen days S.I. U/s. 341 IPC - to undergo seven days S.I. and to pay a fine of Rs. 100/ - each, in default of payment of fine, to further undergo seven days S.I. U/s. 323/149 IPC - to undergo one month S.I. and to pay a fine of Rs. 100/ - each, in default of payment of fine, to further undergo seven days S.I." Similarly, the trial court held the appellants namely Rajendra Yogi and Chetan Kumar Meena guilty for the offences under Sections 302/149, 148, 341, 323/149 and vide a separate order of even date, sentenced them as under: "U/s. 302/149 IPC - to undergo life imprisonment and to pay a fine of Rs. 3000/ - each, in default of payment of fine, to further undergo one month S.I. U/s. 148 IPC - to undergo three months S.I. and to pay a fine of Rs. 200/ - each, in default of payment of fine, to further undergo fifteen days S.I. U/s. 341 IPC - to undergo seven days S.I. and to pay a fine of Rs. 100/ - each, in default of payment of fine, to further undergo seven days S.I. U/s. 323/149 IPC - to undergo one month S.I. and to pay a fine of Rs. 100/ - each, in default of payment of fine, to further undergo seven days S.I." It was ordered that sentences awarded to all the accused on various counts shall run concurrently.
(3.) AGGRIEVED against their conviction and sentence, Vimla Meena and her son Chetan Kumar Meena and Mali Ram filed D.B. Criminal Appeal No. 1294/2007, whereas Bhagwan Sahay and his two sons namely Om Prakash and Rajendra Yogi instituted D.B. Criminal Appeal No. 1436/2007. Since in both the appeals, common judgment has been assailed, we shall decide both the appeals together along with D.B. Criminal Misc. Application No. 166/2013 filed in D.B. Criminal Appeal No. 1294/2007, which was preferred on behalf of Vimla Meena and Chetan Kumar Meena under Section 386(e) read with Section 482 Cr.P.C., praying that the statement of the accused recorded under Section 313 Cr.P.C. be set aside and their statement under Section 313 Cr.P.C. be recorded afresh. The said application was ordered to be considered at the time of hearing of the main appeal.;