- (1.) THIS appeal has been filed on behalf of the accused -appellants challenging the impugned -judgment dated 19/10/2006 passed by Additional Sessions Judge (Fast Track) Karauli in Sessions Case No.61/2006 whereby, the accused -appellants have been convicted and sentenced, as under: - APPELLANT NO.1 -KHUSHI RAM: - for offence u/S.302 IPC: - Life Imprisonment with a fine of Rs.5,000/ - and in default of payment thereof, to further undergo 6 months simple imprisonment. for offence u/S.3/25 of Arms Act: - Simple Imprisonment for two years with a fine of Rs.1,000/ - and in default of payment thereof, to further undergo 2 months simple imprisonment. APPELLANT NO.2 -ARUN SINGH: - for offence u/S.302 IPC: - Life Imprisonment with a fine of Rs.5,000/ - and in default of payment thereof, to further undergo 6 months simple imprisonment. for offence u/S.4/25 of Arms Act: - Simple Imprisonment for two years with a fine of Rs.1,000/ - and in default of payment thereof, to further undergo 2 months simple imprisonment. APPELLANT NO.3 -VARUN SINGH: - for offence u/S.302/34 IPC: - Life Imprisonment with a fine of Rs.5,000/ - and in default of payment thereof, to further undergo 6 months simple imprisonment. for offence u/S.4/25 of Arms Act: - Simple Imprisonment for two years with a fine of Rs.1,000/ - and in default of payment thereof, to further undergo 2 months simple imprisonment.
(2.) THE case of the prosecution is that Hari Singh @Harkesh (PW3) has lodged the written report (Ex.P10) on 19/04/2005 with the contention that his uncle Nawab is running a liquor shop on contract. On 18/04/2005 at 11.00 p.m., he and Nawab have closed the shop and Nawab was about to start the motorcycle, Khushi Ram, Shivcharan, Arun, Varun, Kamal, Tara and Satto came there armed with Swords and Guns. Khushi Ram asked monthly amount from Nawab. He requested 2 -4 days time as ongoing business was lean. Shivcharan and Arun fired on him. Khushi Ram snatched the keys of the shop and he inflicted sword blow on the neck of Nawab and others also gave beating to him. Nawab died on the spot. Hardev was also there at that time. On the written report (Ex.P.10), FIR No.304/2005 (Ex.P11) has been registered at Police Station Hindaun City.
(3.) AFTER investigation, charge -sheet has been filed against the accused -appellants and the case was committed to the Court of Sessions and entrusted for trial to Additional Sessions Judge (Fast Track) Karauli. The trial court framed the charge against accused -appellant No.1 -Khushi Ram for offence u/S.302 in alternate 302/34 IPC and Section 3/25 of the Arms Act, against accused -appellant No.2 -Arun Singh and accused -appellant No.3 -Varun Singh for offence u/S.302 in alternate 302/34 IPC and Section 4/25 of the Arms Act but all denied the charges and claimed to be tried.;