Dinesh Chandra Somani, J. - (1.) This criminal appeal has been preferred by accused-appellants Radhey Shyam, Choutu Lal and Murari Lal sons of Ram Prasad by caste Meena under Section 374 of CrPC, 1973 who have been convicted and sentenced by the learned Additional District and Sessions Judge (Fast Track), Chhabra, District Baran vide judgment dated 11.06.2008 in Sessions Case No. 21/2007. After conviction, the accused-appellants were sentenced as follows:- -For the offence under Section 302/149 of IPC sentenced for life imprisonment with a fine of Rs. 5,000/- each and in default of payment of fine to further undergo two years' rigorous imprisonment. -For the offence under Section 148 of IPC sentenced to two years' rigorous imprisonment with a fine of Rs. 1,000/- each and in default of payment of fine to further undergo six months' rigorous imprisonment. -For the offence under Section 325/149 of IPC sentenced to two years' rigorous imprisonment with a fine of Rs. 1,000/- each and in default of payment of fine to further undergo six months' rigorous imprisonment. -For the offence under Section 323/149 of IPC sentenced for six months' rigorous imprisonment. All the substantive sentences were ordered to run concurrently.
(2.) Prosecution story in brief is that deceased-Babu Lal submitted a written report Ex.P-5 at Government Hospital, Chhabra to PW-5 Naval Kishore, Head Constable on 11.10.2006 at 7:50 PM indicating that today on 11.10.2006 at 6:00 PM, he himself and Bhagchand Malav were returning together on motorcycle from the field to their house situated in village Badodiya. At Badodiya Tiraha, his son Kamlesh met them. When they went ahead from that place, then Radhey Shyam Meena, Choutu Lal Meena, Murari Lal Meena and Krishan Gopal along with 7-8 persons residents of village Bhanwar, who are not known to him but he knows them by face, suddenly came out with lathies and gandasies and attacked them and gave beating, due to which he, his son Kamlesh and Bhagchand sustained injuries. Ramesh Malav and Raju Sahu came to intervene, then Ramesh was also beaten up. Thereafter, these persons ran away towards Chhabra on a tractor. After hearing our voices, the villagers came there and brought them to hospital in a tractor etc.
(3.) On the above report, an FIR (Ex.P-6) was registered by SHO Police Station, Chhabra District Baran being FIR No. 301/2006 for commission of offence under Section 143, 323 ,341 and 307 of IPC.;