SHIV KUMAR SHARMA,J. - (1.) For an occurrence, which took place on September 14, 2000, in which one Madan succumbed to injuries as a result of the assault during the occurrence, seven accused persons, the appellants herein, were put to trial before leaned Additional Sessions Judge (Fast Track) Laxmangarh, who vide judgment dated June 10, 2003 convicted and sentenced them as under:- Ramkishan and Kishan Lal @ Kishanli under Section 302 I.P.C.: Both, to suffer imprisonment for life and fine of Rs. 500/- in default to further suffer three months rigorous imprisonment. Ramphal, Bhagwan Sahai, Ramavtar, Hari, Raghunath under section 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 500/- in default to further suffer three months rigorous imprisonment. Ramkishan, Kishan Lal @ Kishanli, Ramphal, Bhagwan Sahai, Ramavtar, Hari, Raghunath: under Section 148 I.P.C.: Each to suffer rigorous imprisonment for one year and fine Rs. 200/- in default to further suffer 15 days rigorous imprisonment. under section 325/149 IPC Each to suffer rigorous imprisonment for two years and fine Rs. 200/- in default to further suffer rigorous imprisonment one month. under section 323/149 IPC: Each to suffer rigorous imprisonment for six months and fine of Rs. 100/- in default to further suffer 15 days rigorous imprisonment. Substantive sentences were directed to run concurrently.
(2.) The prosecution story is woven like this: On September 14,2000 informant Gopal Lal (PW.1) submitted a written report (Ex.P1) at Police Station Khedli to the effect that on the said day around 3 PM when Bhupendra son of Madan, aged five years, entered into the field of accused Ramkishan for eating Kacharia, Indra daughter of Ram Kishan slapped him. Thereupon Mahendra asked explanation from Indra as to why she beat Bhupendra. Around 5 PM accused Ramphal, Prabhati, Ramkishan, Kishanlal @ Kishanli, Raghunath, Bhagwan Sahai, Hariram, Kamlesh and Tulsiram armed with lathis and pharsis came over there and started beating Mahendra and Madan Lal. When Gopal, Mahendra, his mother, Dhanwanti and Vimla tried to save they were also beaten up. Lakhan was also beaten up by them. Madan Lal and Mahendra sustained grievous injuries, they were removed to hospital, where Madan Lal succumbed to his injuries. On that report a case under sections 147,148,149,302 and 323 Indian Penal Code was registered and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Laxmangarh. Charges under Sections 148,302,302/149,323 and 325 Indian Penal Code were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 24 witnesses. In the explanation under Section 313 Cr.P.C., the appellants claimed innocence. One witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated hereinabove:
(3.) We have given our anxious consideration to the rival submissions and with the assistance of the learned counsel we have gone through the evidence on record.;