Kanwaljit Singh Ahluwalia, J. - (1.) Charatlal son of Kishanlal, and his two brothers Bharatlal and Prahlad, Lakkhi son of Bhaurya and Ram Prasad son of Lakkhi, were sent for trial in the case arising out of FIR No. 782/2003 registered at Police Station Gangapur City for offence under Sections 147, 148, 149, 447, 302 and 323 IPC. Having tried the above said accused persons for the above offences, the court of Addl. Sessions Judge, Gangapur City, vide impugned judgment dated 9.5.2005 convicted Charatlal, Bharatlal, Prahlad and Lakkhi for offences under Section 147, 148, 302/149, 323/149 and 148 IPC. It is to be noted that during trial the fifth member of unlawful assembly, Ram Prasad, was declared as proclaimed offender.
(2.) Having convicted the accused persons for the above said offences, the trial court vide a separate order of even date, sentenced the accused as under:- Accused appellants Charatlal, Bharatlal, Prahlad and Lakkhi for offence punishable under Section 147 IPC, shall undergo one year's rigorous imprisonment and each to pay a fine of Rs. 1000/-, in default thereof, each to undergo further one month's simple imprisonment. For the offence punishable under Section 148 IPC, each accused shall undergo one year's rigorous imprisonment and to pay a fine of Rs.1000/-, in default thereof, each to undergo further one month's simple imprisonment. For the offence punishable under Section 302/149 IPC, each accused shall undergo life imprisonment and to pay a fine of Rs. 2000/-, in default thereof, each to undergo further one month's simple imprisonment. For the offence punishable under Section 323/149 IPC, each accused shall undergo six months' simple imprisonment and to pay a fine of Rs. 100/-, in default thereof, each to undergo further five days' simple imprisonment. For the offence punishable under Section 325/149 IPC, each accused shall undergo one year's rigorous imprisonment and to pay a fine of Rs. 1000/- each, in default thereof, each to undergo further fifteen days' simple imprisonment.
(3.) Aggrieved against their conviction and sentence, the accused have preferred two separate appeals. Criminal Appeal No. 550/2005 has been instituted by Lakkhi, whereas Criminal Appeal No. 782/2005 has been filed by Bharatlal and Prahlad, both sons of Kishanlal. The fourth convicted accused, Chratlal is stated to have died on 2.6.2005, i.e. before the limitation for filing of appeal had expired.;