- (1.) INSTANT criminal appeal, under Section 374 of Code of Criminal Procedure, 1973, is directed against the impugned judgment of conviction and order of sentence passed by the Court of Additional Sessions Judge (Fast Track) No.1, Kota, whereby appellant was held guilty for offences punishable under Sections 302 and 323 of Indian Penal Code.
(2.) IN the present case, the co -accused of appellant, namely (i) Bhupendra Singh @ Monu, (ii) Mukesh Singh, (iii) Shivraj, (iv) Abdul Rahuf @ Rahuf and (iv) Ram Singh were acquitted for want of identification. However, the present appellant was also acquitted for offence punishable under Section 148 of Indian Penal Code.
(3.) HAVING convicted the appellant for the above said offences, the trial Court, vide a separate order of even date, sentenced him as under : - "For offence under Section 302 I.P.C. : to undergo life imprisonment and to pay a fine of Rs.100/ -. In default of payment of fine, to further undergo three months simple imprisonment. For offence under Section 323 I.P.C. : to undergo six months simple imprisonment. (All sentences were ordered to run concurrently) In nut -shell, the case of prosecution is that on 30.06.2006 in the night between 08:45 P.M. to 09:00 P.M. the present appellant, along with co -accused in Village Maujabarod constituted an unlawful assembly and caused injuries to Radheyshyam (PW -4), Hemraj (PW -5) and Chandra Mohan (PW -18). The present appellant armed with iron -rod caused fatal injury on the person of Devilal, brother of complainant, Mohan Lal (PW -3).;