Kanwaljit Singh Ahluwalia, J. - (1.) Laddu Lal, his brother Munna, wife Smt. Badam, and two sons namely Suresh and Ramesh were sent for trial for having committed murder of Jagdish and for causing injuries to Kailash (P.W.1) son of Jagdish deceased on the day of Diwali i.e. on 1.11.2005 at 7:30 PM in village Kodyaee. The court of Additional Sessions Judge (Fast Track), Sawai Madhopur vide impugned judgment dated 22.1.2009 held all the above five accused guilty of offences punishable under Sec. 147, 148, 341, 323, 323/149, 307, 307/149, 302 and 302/149 IPC.
(2.) Having convicted the appellants for the aforesaid offences, the trial court vide a separate order of even date sentenced them as under: - - "U/s. 147 IPC - to undergo three months R.I. and to pay a fine of Rs. 100/ -, in default of payment of fine, to further undergo three days additional imprisonment. U/s. 148 IPC - to undergo six months R.I. and to pay a fine of Rs. 500/ -, in default of payment of fine, to further undergo seven days additional imprisonment. U/s. 341 IPC - to undergo one month S.I. and to pay a fine of Rs. 200/ -, in default of payment of fine, to further undergo two days additional imprisonment. U/s. 323 IPC - to undergo six months R.I. and to pay a fine of Rs. 500/ -, in default of payment of fine, to further undergo seven days additional imprisonment. U/s. 307 IPC - to undergo five years R.I. and to pay a fine of Rs. 1000/ -, in default of payment of fine, to further undergo fifteen days additional imprisonment. U/s. 302 IPC - to undergo life imprisonment and to pay a fine of Rs. 2000/ -, in default of payment of fine, to further undergo one month additional imprisonment."
(3.) Aggrieved against their conviction and sentence, Laddu Lal, his brother Munna and two sons namely Suresh and Ramesh have preferred D.B. Criminal Appeal No. 503/2009, whereas Smt. Badam wife of Laddu Lal has instituted D.B. Criminal Appeal No. 144/2009. Since in both the appeals common judgment has been assailed and prayer has been made that the appellants be acquitted of all the charges, we shall decide both these appeals together.;