Shiv Kumar Sharma, J. - (1.) Anni, Nihal Singh, Ramesh Chand, Shibbu and Khiladi, the appellants five in number, were put to trial before the learned Additional Sessions Judge (Fast Track) Hindaun City district Karauli, who vide judgment dated December 18, 2003 convicted and sentenced them as under:- Anni U/s. 302 IPC: To suffer imprisonment for life and fine Rs. 1,000, in default to further suffer three months rigorous imprisonment. Nihal Singh, Ramesh Chand, Shibbu and Khiladi: U/s. 323 IPC: Instead of sentencing them benefit of probation was extended.
(2.) The State of Rajasthan preferred the leave to appeal against the finding of acquittal of appellants Nihal Singh, Ramesh Chand, Shibbu and Khiladi under section 302/149 IPC.
(3.) It is the prosecution case that on January 20, 2002 the informant Roop Singh Meena (Pw. 5) submitted a written report (Ex.P-1) at Police Station Todabhim stating therein that on the preceding day the accused persons armed with various weapons assaulted Hari Singh (since deceased). Ramesh inflicted blow with Dharia on the head of Hari Singh as a result of which he fell down and became unconscious, thereafter Anni, Shibbu, Nihal Singh, Khiladi, Nirma and Shanti also gave beating to Hari Singh. When Tunda Ram intervened he was also beaten up. Ram Khiladi removed Hari Singh to hospital, from where he was referred to Jaipur. On the aforesaid report a case was registered for the offence under sections 147, 341, 323, 448, 336 and 307 IPC and investigation commenced. After Hari Singh succumbed to his injuries Section 302 IPC was added. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Hindaun City District Karauli. Charges under sections 148, 323, 341, 302 and 302/149 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 17 witnesses. In the explanation under Section 313 Cr.P.C., the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.;