Mohammad Rafiq, J. - (1.) These two criminal appeals are directed against common judgment dated 09.12.2010 of learned Additional Sessions Judge, Fast Track No.2, Bharatpur, Camp Kaman, in Criminal Case No.35/2009, whereby appellants, ten in number, were convicted and sentenced in following manner:- JUDGEMENT_176_LAWS(RAJ)7_2016_1.html
(2.) Brief facts giving rise to these appeals are that one Omprakash lodged a written report (Exhibit P-31) at Police Station Gopalgarh on 14.11.2007 wherein it was alleged that on 13.11.2007 a 'panchayat' was convened in his village Tajullabas at the temple on the issue of burning the 'kadbi' of Jalsingh. About 40-50 villagers attended the 'panchayat'. At that time, following heated exchange of talks, accused Balram pelted a stone at Tejram S/o Parbhati Ram, who was sitting in the 'panchayat' and went to his house. After some time, accused Balram, Chetram, Samayram, Lalaram, Ramvir, Balluram, Pooran, Munshi, Harchand, Khemi, Ramhet, Mahavir, Sukhram, Dulichand, Ratanlal, Mukesh, Ratti, Badli, Pooran, Dayaram, Dharamvir, Kishandei, Laxmi, Prem, Jamna, Javitri, Meera, Saroj, Batuni, Motor and Kishan came armed with gun, 'katta', 'lathi', 'farsa' and stone. Accused Lalaram, Balram, Balluram and Chetram opened fire from gun and 'katta' at Baljit, as a result of which Baljit died on the spot. As soon as the complainant along-with Tekchand, Bhanwar Singh, Khubiram, Shyamlal, Indersingh, Bijendra, Tejram, Bhagwat, Kamal Singh, Nanak Chand, Jal Singh, Battan Devi and Bachchuram reached near Baljit, all these persons gave beating to them by gun, 'katta', 'lathi', 'farsa' and stones as a result of which they received injuries on different parts of their bodies. Dharam Singh, Jalsingh, Pappuram and Kapurchand were eyewitnesses of the incident and they saved them. Tekchand and Bhanwar Singh received serious injuries and were taken to Kaman hospital. Baljit was also taken to Kaman hospital.
(3.) On receipt of aforesaid report, the police registered regular First Information Report No.122/2007 for offence under Sections 147, 148, 149, 323, 336, 307, 341 and 302 of the Indian Penal Code and investigation commenced. Postmortem was conducted on the body of deceased Baljit and doctors opined that the death took place due to hemorrhagic shock, which was caused by firearm injury to vital organs and that the injuries are ante-mortem in nature.;