VINIT KUMAR MATHUR,J. - (1.) By this common judgment, we shall decide D.B. Criminal Appeal No. 22/2011 preferred by Pappu @ Ramlal and D.B. Criminal Appeal No.178/2011 instituted by Mukesh and Vijay. Three appellants before us, have directed these appeals to challenge the judgment of conviction dated 1.11.2010 along with order of sentence passed on even date, by the court of Additional Sessions Judge, Fast Track, Tonk. The trial court vide the impugned judgment, convicted all the three appellants for the offences under Section 302, 302/34, 324 and 324/34 IPC, however, the appellants were acquitted of the offences under Sections 323, 307 and 307/34 IPC. Having convicted the appellants for the above said offences, the trial court vide a separate order of even date, sentenced the appellants as under:- U/s. 302 and 302/34 IPC- to undergo life imprisonment and to pay a fine of Rs.5,000/- each, in default of payment of fine to further undergo one year R.I. U/s. 324 and 324/34 IPC- to undergo two years R.I. and to pay a fine of Rs.2,000/-, in default of payment of fine to further undergo three months R.I. The trial court ordered that the sentences awarded upon the appellants on above counts shall run concurrently.
(2.) The criminal proceedings were set into motion by Kajod (P.W.1). On 13.11.2008 at 8:45 PM, while admitted at Community Health Center, Kajod (P.W.1) got recorded his statement Exhibit-P/1, before Tarun Kant Somani (P.W.15), who was then posted as SHO, Police Station Newai.
(3.) In statement, Exhibit-P/1, Kajod (P.W.1) stated that on 13.11.2008 at around 8:00 PM, he reached Bus Stand from his house, where many people were standing. He saw that Vijay S/o Shri Rampal and Mukesh S/o Shri Rampal and Pappu @ Ramlal Gurjar S/o Shri Bhaguta Gurjar were giving beating to Mukesh Nayak. When he intervened, they also started beating him. Thereafter, in quick succession, out of these three persons, Vijay Balai and Papu Gurjar gave knife blows to him and to Mukesh Nayak, due to which the blood started oozing out from the injuries on his person and Mukesh Nayak. People gathered at the spot, made an attempt to intervene. Thereafter, both of them were taken to Jhilai Hospital by Manoj Kumar and Suraj Mal. After giving first aid, they were referred to Newai Hospital. All the above named three persons with common intention to kill, caused the blows with the knife to him and Mukesh Nayak. In the incident, Mukesh Nayak S/o Badri had suffered many serious injuries.;