Nisha Gupta, J. - (1.) BOTH these appeals have been preferred against judgment passed by Additional Sessions Judge (Fast Track) No. 1, Jaipur District, Jaipur in Sessions Case No. 13/2008 in one FIR arising out of one incident, hence these are being decided by this common judgment.
(2.) IN these appeals, the appellants were convicted and sentenced as under: "Appellant Babu Lal (Appeal No. 800/2010) Under Section 302/49 IPC: - -to undergo Life imprisonment and a fine of Rs. 100/ - each in default of payment of fine, to further undergo one month R.I. each; Under Section 147 IPC: - -to undergo one year R.I.; Under Section 447 IPC: - -to undergo three months R.I.; Under Section 323 IPC: - -to undergo one year R.I.; Appellants Hanuman Sahai, Sitaram and Madan Lal (Appeal No. 823/2010) Under Section 302/49 IPC: - -to undergo Life imprisonment and a fine of Rs. 100/ - each in default of payment of fine, to further undergo one month R.I. each; Under Section 147 IPC: - -to undergo one year R.I.; Under Section 447 IPC: - -to undergo three months R.I.; Under Section 323 IPC: - -to undergo one year R.I.; (All the sentences were ordered to run concurrently)" The facts in short are that PW/3 Shankar Lal lodged a written report (Ex. P/1) on 5.12.2002 at Police Station Shivdaspura, Jaipur with the contention that he is resident of Chandlai. On 5.12.2002 at 8.30 A.M., Ram Narain, Ramavtar, Madan, Pooran, Babulal, Hanuman, Sheyoji, Sitaram, Madan S/o. Hanuman, Raju, Laluram etc. armed with sticks, Pharsa and Axe etc. came to their house and started beating ladies of the house. Sita Devi w/o Ram Narain, Panchi Devi w/o Ramavtar and Dhapu Devi w/o Nathu Bhai also came behind them and they started throwing house -hold articles. Nathu Panda ran behind him having Axe in his hand. Blow was inflicted on the head of Hanuman and Rameshwar. It is also contended in the written report that earlier also accused persons gave beating to them for which report was lodged and case is pending. On this written report, FIR No. 265/2002 was registered and after investigation, charge -sheet was filed against five appellants namely Ram Narayan, Madanlal, Ramavtar, Pooran and Shyojiram and qua rest of the accused, investigation was kept pending under Section 173(8) Cr.P.C. The case was committed and tried by Additional Sessions Judge (Fast Track) No. 1, Jaipur District, Jaipur.
(3.) AFTER conclusion of investigation under Section 173(8) Cr.P.C., additional charge sheet was presented against Babulal, Hanumansahai, Sitaram and Madanlal. The case was committed and tried by Additional Sessions Judge (Fast Track) No. 1, Jaipur District, Jaipur. The charges were framed against the appellants for the offence under Sections 147, 447, 323, 302/149 IPC. The said charges were denied by the accused and they claimed to be tried. The prosecution in support of its case examined PW/1 Lali w/o Pooran, PW/2 Lali w/o Shankar, PW/3 Shankarlal, PW/4 Motidevi, PW/5 Geetadevi, PW/6 Madanlal, PW/7 Syojiram, PW/8 Rameshwar, PW/9 Lalchand, PW/10 Pooran, PW/11 Nathuram, PW/12 Jagdish, PW/13 Shravan, PW/14 Ramchandra, PW/15 Gopal Lal, PW/16 Dinesh, PW/17 Ghasiram, PW/18 Suresh, PW/19 Ram Narayan, PW/20 Omprakash, PW/21 Rameshchand, PW/22 Babulal, PW/23 Dr. R.K. Verma, PW/24 Girraj, PW/25 Lalchand, PW/26 Dr. Ashok Mathur, PW/27 Harisingh, PW/28 Yadram and PW/29 Ramsingh and exhibited documents Ex. P/1 to P/36. The appellants were examined under Section 313 Cr.P.C and they relied upon defence witnesses D.W./1 to D.W./3 and documents Ex. D/1 to D/20 were produced.;