Kanwaljit Singh Ahluwalia, J. - (1.) RAJENDRA Singh @ Deena s/o. Hanuman Singh, Sawai Singh s/o. Matusingh, Rameshwar s/o. Bhagwana, Girdhari s/o. Beharilal, Rajendra Prasad s/o. Banshidhar, Ram Niwas s/o. Madanlal, Moolchand s/o. Prabhat, Madan s/o. Behari, and Sube Singh s/o. Madan, have instituted D.B. Criminal Appeal No. 1420/2007. We have been told that out of nine appellants, the appellant No. 8, Madan s/o. Behari has expired on 13.3.2014. Roshan Lal s/o. Bhagwana, Hanuman Singh s/o. Godsingh, Mahesh s/o. Madanlal, Arjun s/o. Sardara, Mahesh s/o. Ramkaran, Sheoram s/o. Baluram, Rajendra s/o. Sugad Singh, Prakash s/o. Moturam and Devendra s/o. Girdhari, have preferred D.B. Criminal Appeal No. 1431/2007. We have been told that Hanuman s/o. Godsingh died on 16.6.2014.
(2.) BY filing these two appeals, the accused appellants have assailed the judgment dated 27.6.2007, rendered by the court of Additional Sessions Judge, Kotputli, District Jaipur, whereby, the trial Judge convicted Girdhari s/o. Behari, Ramniwas s/o. Madan, Sube Singh s/o. Madan, Rajendra @ Deena s/o. Hanuman, Rajendra s/o. Banshidhar, Sawai Singh s/o. Matusingh, Mahesh s/o. Madan, Devendra s/o. Girdhari, Moolchand s/o. Prabhat, Madan s/o. Behari, Prakash s/o. Motu, Rajendra s/o. Sugad Singh, Hanuman s/o. Godsingh, Rameshwar s/o. Bhagwana, Roshan s/o. Bhagwana, Sheoram s/o. Baluram, Mahesh s/o. Ramkaran, Arjun s/o. Sardara, for the offences under sections 148, 325/149, 324/149, 323/149, 427, 455/149, 302/149 IPC. Vide separate order of even date, the appellants were sentenced as under: - Accused -Girdhari s/o. Behari, Ramniwas s/o. Madan, Sube Singh s/o. Madan, Rajendra @ Deena s/o. Hanuman, Rajendra s/o. Banshidhar, Sawai Singh s/o. Matusingh, Mahesh s/o. Madan, Devendra s/o. Girdhari, Moolchand s/o. Prabhat, Madan s/o. Behari, Prakash s/o. Motu, Rajendra s/o. Sugad Singh, Hanuman s/o. Godsingh, Rameshwar s/o. Bhagwana, Roshan s/o. Bhagwana, Sheoram s/o. Baluram, Mahesh s/o. Ramkaran, Arjun s/o. Sardara: U/s. 148 IPC - To suffer one and a half years R.I. U/s. 325/149 IPC - To suffer two years' R.I., and pay a fine of Rs. 5,00/ - each, in default of payment of fine to further undergo three months' R.I. U/s. 324/149 IPC - To suffer one year's R.I., and pay a fine of Rs. 2,00/ - each, in default of payment of fine to further undergo two months' R.I. U/s. 323/149 IPC - To suffer six months' R.I. and pay a fine of Rs. 2,00/ - each, in default of payment of fine to further undergo two months' imprisonment. U/s. 427 IPC - To suffer six months' R.I. and pay a fine of Rs. 5,00/ - each, in default of payment of fine to further undergo two months' R.I. U/s. 455/149 IPC - To suffer three years' R.I. and pay a fine of Rs. 5,00/ - each, in default of payment of fine to further undergo six months' R.I. U/s. 302/149 IPC - To suffer life imprisonment and pay a fine of Rs. 10,000/ - each, in default of payment of fine to further undergo two years' R.I. However, the trial Judge, acquitted Rohitash s/o. Moolchand, Deshraj s/o. Matadeen, Chhitar s/o. Sugad, Lalchand s/o. Devi Sahai, Ashok s/o. Bagdawat Singh, Prakash s/o. Moolchand @ Moola, Jagdish s/o. Makkhan, Moola s/o. Deena, Ramjilal s/o. Bhagwana, Ramnath s/o. Narayan, Jagdish s/o. Bhaguta, Puran s/o. Devi Sahai, Sundaram s/o. Maturam, Sunil s/o. Hanuman Singh, Bhagwana s/o. Deena, Puran s/o. Bhagwana, Ramniwas s/o. Sagra, Gyanchand s/o. Sagra, Bhawani s/o. Gokul Singh, Jai Singh s/o. Sultan, Gugan Singh s/o. Jai Singh, Sardara s/o. Gheesa, Gheesa s/o. Bhola, Subhash s/o. Moola, Raj Singh s/o. Bagdawat Singh, Ajay Singh s/o. Bagdawat Singh, Madan Singh s/o. Mool Singh, Pusa Ram s/o. Ramnath, Ruda @ Madan s/o. Bhaguta, Hardayal s/o. Shri Ram, Kailash s/o. Sohan Lal, of offences under Sections 148, 325/149, 324/149, 323/149, 427, 455/149 and 302/149 IPC. State of Rajasthan, sought a leave to appeal to assail the acquittal of above 31 persons.
(3.) IN all, the prosecution had sent fifty -one persons for the trial, in a case arising out of FIR No. 343/2001, registered at police station Kotputli, Jaipur, for offence under Sections 147, 148, 149, 341, 323, 307, 302, 427 and 448 IPC. Out of fifty -one persons sent for trial, two accused, namely Matu Singh s/o. Moola, and Bagdawat Singh s/o. Mool Singh, had died during the trial. The trial Judge acquitted thirty -one persons and convicted eighteen persons. As stated earlier, eighteen persons convicted, have filed two separate appeals, whereas, the State of Rajasthan, after grant of leave to appeal, had instituted D.B. Criminal Appeal No. 1183/2008 to challenge the acquittal of the respondents to the State appeal. By this common judgment, we shall decide all the three appeals, together.;