Kanwaljit Singh Ahluwalia, J. - (1.) LOKESH Jain s/o Babu Lal Jain, Raju s/o Srinarayan, Jairaj s/o Tejraj, Sanjay s/o Babu Lal Jain, Dhiraj s/o Jaswant Singh Rajput and Vipin Chaturvedi s/o Sumit Narayan were nominated as accused in case arising out of FIR No. 110/2007 registered at Police Station Kotwali, Kota, for the offences under Sections 147, 148, 149, 307 and 302 IPC.
(2.) THE investigating agency during investigation came to conclusion that the accused Sanjay, Dhiraj and Vipin Chaturvedi had not participated in the occurrence and filed an application under Section 169 Cr.P.C., for discharge of these accused from custody. The said application has been proved on record as Exhibit -D/4. The court of Magistrate had not accepted the application and took cognizance of offences against Sanjay, Dhiraj and Vipin Chaturvedi. Thus, all these six accused were tried by the court of Additional Sessions Judge (Fast Track) Kota. The said court vide impugned judgment dated 25.1.2010 held all accused guilty of offence under Sections 148 IPC. Lokesh Jain was substantively convicted for the offence under Section 302 IPC and remaining five accused, namely Raju, Dhiraj, Jairaj, Sanjay and Vipin Chaturvedi were convicted for the offence under Section 302 with the aid of Section 149 IPC. Raju was substantively convicted for the offence under Section 307 IPC and the remaining five accused, namely Dhiraj, Vipin Chaturvedi, Jairaj, Sanjay and Lokesh Jain were convicted for the offence under Section 307 read with Section 149 IPC. Raju was substantively convicted for the offence under Section 324 IPC, whereas remaining five accused, namely Dhiraj, Vipin Chaturvedi, Jairaj, Sanjay and Lokesh Jain were convicted for the offence under Section 324 read with Section 149 IPC. Lokesh Jain and Raju were also convicted for the offence under Section 4/25 of Arms Act. Having convicted all the appellants for the aforementioned offences, the trial court vide a separate order of even date sentenced them as under: - - "Appellant Lokesh Jain: U/s 148 IPC - to undergo one year's S.I. and to pay a fine of Rs. 1500/ -, in default of payment of fine, to further undergo 15 days' S.I. U/s 302 IPC - to undergo life imprisonment and to pay a fine of Rs. 5,000/ -, in default of payment of fine, to further undergo five months' S.I. U/s 307/149 IPC - to undergo seven years' S.I. and to pay a fine of Rs. 3,000/ -, in default of payment of fine, to further undergo three months' S.I. U/s 324/149 IPC - to undergo two years' S.I. and to pay a fine of Rs. 1,000/ -, in default of payment of fine, to further undergo one month's S.I. U/s 4/25 Arms Act - to undergo one year's S.I., and to pay a fine of Rs. 5,00/ -, in default of payment of fine, to further undergo 15 days' S.I. Appellant Raju: U/s 148 IPC - to undergo one year's S.I. and to pay a fine of Rs. 1500/ -, in default of payment of fine, to further undergo 15 days' S.I. U/s 302/149 IPC - to undergo life imprisonment and to pay a fine of Rs. 5,000/ -, in default of payment of fine, to further undergo five months' S.I. U/s 307 IPC - to undergo seven years' S.I. and to pay a fine of Rs. 3,000/ -, in default of payment of fine, to further undergo three months' S.I. U/s 324 IPC - to undergo two years' S.I. and to pay a fine of Rs. 1,000/ -, in default of payment of fine, to further undergo one year's S.I. U/s 4/25 Arms Act - to undergo one year's S.I., and to pay a fine of Rs. 5,00/ -, in default of payment of fine, to further undergo 15 days' S.I. Appellant Sanjay, Dhiraj, Jairaj and Vipin Chaturvedi: U/s 148 IPC - to undergo one year's S.I. and to pay a fine of Rs. 1500/ -, in default of payment of fine, to further undergo 15 days' S.I. U/s 302/149 IPC - to undergo life imprisonment and to pay a fine of Rs. 5,000/ -, in default of payment of fine, to further undergo five months' S.I. U/s 307/149 IPC - to undergo seven years' S.I. and to pay a fine of Rs. 3,000/ -, in default of payment of fine, to further undergo three months' S.I. U/s 324/149 IPC - to undergo two years' S.I. and to pay a fine of Rs. 1000/ -, in default of payment of fine to further undergo one month's S.I." Aggrieved against the judgment of conviction, three separate appeals have been preferred before this Court. Lokesh Jain and Sanjay have instituted D.B. Criminal Appeal No. 70/2010, Dhiraj and Vipin Chaturvedi have preferred D.B. Criminal Appeal No. 98/2010, and Raju and Jairaj have filed D.B. Criminal Appeal No. 112/2010. All the three appeals have been filed to assail the judgment of conviction and sentence. Since in all the three appeals, the impugned judgment is common, we shall decide all these three appeals together by this common judgment.
(3.) IN the present case, as per the prosecution case, occurrence had taken place on 6.9.2007 at 10:30 PM and the statement of Pawan Bansal (P.W. 14), an injured eyewitness, was recorded on the intervening night of 6/7 September, 2007 at 12:45 AM. The case was registered at Police Station Kotwali, Kota City, on the same night i.e. 7.9.2007 at 1:45 AM. Special report reached area Judicial Magistrate, in the Kota city itself on 7.9.2007 at 11:55 AM.;