Dinesh Chandra Somani, J. - (1.) These criminal appeals have been preferred by eight accused-appellants under Section 374 of Cr.P.C., 1973 who have been convicted and sentenced by the learned Additional Sessions Judge (Fast Track), Kishangarh Bas, District Alwar vide judgment dated 18/10/2006 in Sessions Case No. 48/2003.
(2.) 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. 2,000/- and in default of payment of fine to further undergo six months simple imprisonment. For the offence under Section 307/149 IPC sentenced for seven years rigorous imprisonment with a fine of Rs. 1,000/- and in default of payment of fine to further undergo one month's simple imprisonment. For the offence under Section 326/149 IPC (except Arun Kumar @ Hanuman) and under Section 326 IPC to accused Arun Kumar @ Hanuman sentenced for seven years rigorous imprisonment with a fine of Rs. 1,000/- and in default of payment of fine to further undergo one month's simple imprisonment. For offence under Section 324/149 IPC sentenced to two years rigorous imprisonment with a fine of Rs. 500/- and in default of payment of fine to further undergo 15 days simple imprisonment. For offence under Section 323/149 IPC sentenced to six months rigorous imprisonment with a fine of Rs. 500/- and in default of payment of fine to further undergo 15 days simple imprisonment. For offence under Section 148 IPC sentenced to two years rigorous imprisonment with a fine of Rs. 500/- and in default of payment of fine to further undergo 15 days simple imprisonment.
(3.) The prosecution story, in brief, is that on 26/10/2001 at about 10:15AM one Chaukhraj (PW-11) lodged a written report (Ex. P-22) with the SHO Kotkasim District Alwar indicating that today at about 7:30 in morning he along with his family members were doing work at their home, where Abhay Singh, Raghunath, Hanuman, Bhairu, Leelu S/o Abhay Singh, Moorti, Saraswati, Bhagwati armed with lathi, jeli, farsi entered in the house and encircled his brother Jagdish. Hanuman and Abhay Singh blowed farsi and lathi respectively on Jagdish and caused injuries on his head, chin, leg etc. resulted into bleeding. When his nephew Krishna intervened then they also assaulted on him and caused several injuries. Thereafter, they nabbed his nephew Surendra and assaulted on him and caused him several injuries. Thereafter, they encircled his family from all the sides and caused injuries to Basti Ram, Anil, Ramesh, Anokhi Devi, Rajbala and himself and blodied all the family, thereby they became unconscious. After hearing the cry, villagers came and intervened otherwise they would have killed them. Jagdish and Krishna Kumar have been referred by Kotkasim hospital to Alwar hospital due to their bad condition etc.;