Shiv Kumar Sharma, J. - (1.) All these matters stem from the judgment dated April 7, 2000 of the learned Additional Sessions Judge Sambhar Lake (District Jaipur) whereby sixteen accused (appellants in Appeal No. 170/2000 and 160/2000) were convicted and sentenced as under: Ram Lal, Ramdhan, Taju, Balu Ram, Ramjeevan, Ramchandra, Harakaran, Gajanand, Pinkya @ Shri Kishan, Vishna, Ratan, Nainya @ Ramnath, Ghishya, Ram Kishan and Satya Narayan. U/S.148 IPC: Each to suffer rigorous imprisonment for two years. U/s.447 IPC: Each to suffer rigorous imprisonment for three years. U/s.324 IPC: Each to suffer rigorous imprisonment for two years. U/s.326 IPC: Each to suffer rigorous imprisonment for five years and fine Rs. 5000, in default to further suffer six months rigorous imprisonment. U/s.302/149 IPC: Each to suffer imprisonment for life and fine Rs. 10,000/-, in default to further suffer one year rigorous imprisonment. U/s.323/149 IPC: Each to suffer rigorous imprisonment for one year. U/S.325/149 IPC: Each to suffer rigorous imprisonment for three years and fine Rs. 3000, in default to further suffer three months rigorous imprisonment. U/s.326/149 IPC: Each to suffer rigorous imprisonment for five years and fine Rs. 5000, in default to further suffer six months rigorous imprisonment. Hardeen: U/s.148 IPC: To suffer rigorous imprisonment for two years. U/s.447 IPC: To suffer rigorous imprisonment for three months. U/s.302 IPC: To suffer imprisonment for life and fine Rs. 10,000/-, in default to further suffer one year rigorous imprisonment. U/s.323/149 IPC: To suffer rigorous imprisonment for one year. U/s.324 IPC: To suffer rigorous imprisonment for two years. U/s.325/149 IPC: To suffer rigorous imprisonment for three years and fine Rs. 3000, in default to further suffer three months rigorous imprisonment. U/S.326/149 IPC: To suffer rigorous imprisonment for five years and fine Rs. 5000, in default to further suffer six months rigorous imprisonment. All the sentences were directed to run concurrently.
(2.) As many as 20 accused were indicted before the learned trial court out of which Ramgopal died during trial and proceedings against him were dropped on September 14, 1998. Three accused persons viz. Sarwan, Vishram and Ram Jeewan however stood acquitted. The State of Rajasthan and complainant Hussain Shah have assailed the finding of acquittal in the Leave to Appeal No.46/2001 and Cr.Revision No.0523/2000.
(3.) The prosecution case is that on June 17, 1993, SHO Police Station Dudu recorded Parcha Bayan of Hussain Shah in the Government Hospital. It was given out in the Parcha Bayan that around 10.30 AM of the said day he alongwith his father Idu Shah (since deceased) and others had gone to cultivate the land bearing khasra No.333 in village Nanan, the accused party came in tractors and belaboured them. As a result of the injuries received during the incident Idu Shah died. On the basis of Parcha Bayan Police Station Dudu registered a case under Sections 148,447,323,325,324,326,307,302 and 149 Indian Penal Code 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 Sambhar Lake (District Jaipur). Charges under sections 148,447,323,324,325,326,307,302 and 302 read with 149 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. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.;