Shiv Kumar Sharma, J. - (1.) The appellants were the accused in Sessions case No. 21 of 1992 (old No. 116/1984) on the file of the Addl. Sessions Judge, Sambhar Lake, Dist. Jaipur. They were found guilty and convicted as under: JUDGEMENT_112_LAWS(RAJ)7_1996.html All the sentences had to run concurrently.
(2.) Aggrieved by the conviction and sentence, the present action for filing the appeal has been resorted to.
(3.) Brief facts are:- (i) On 13.8.84 about 11.30 A.M. informant Gulab Chand (PW 4) lodged a written report (Ex.R 1) with the Police Station Rainwal, Dist. Jaipur. Stating therein that on 13.8.84 at about 8.00 A.M. they had gone to their field for doing agriculture work. During the course of their agriculture work, as many as 31 persons (names in the F.I.R.) came over there having lathies in their lands and asked them as to why they were doing so. When the informant party replied that they were working in their field, they attacked the informant party and started "maar-peet''. a Kachcha house in the field in which Jhamri and Mangli were preparing food, was also set fire by the accused Vijay Lal and Bena Ram, after turning the ladies out of the said house. On hearing the hue and cry, Lachha Ram Rana, Gopi Ram Meena and Thakur Vishnu Singh Ji came over there and rescued the informant party A case under section 147, 148, 149, 447, 436 and 323 I.P.C. was registered initially and investigation commenced. During the course of investigation injured Pokhar died and the case was converted under section 302 i.P.C. (ii) After usual investigation the police submitted charge-sheet against 14 persons including the appellants in the court of Addl. Chief Judicial Magistrate, Sambhar Lake, Dist. Jaipur. From where the case was committed in the Court of Sessions Judge, Jaipur Dist., Jaipur on 10.12.84. It was transferred to the Court of Addl. Session Judge, Jaipur Dist., Jaipur on 10.9.87 and again transferred to the trial court on 6.2.92. (iii) Charges Under section 148, 149, 302, 302/149, 323, 323/149, 325, 325/149, 447, 435 of the I.PC. were framed against all the accused. The accused denied charges and claimed trial. During the course of trial accused Kanha Ram died and proceedings initiated against him were dropped. (iv) The prosecution examined as many as 36 witnesses and produced 75 documents. Thereafter statements of accused Under section 313 Cr.PC. were recorded. The accused examined Gopi (D.W. 1). Laxman (DW 2) and Ramu (DW 3) as defence witnesses and exhibited as many as 25 documents. (v) The learned trial court convicted and sentenced accused appellants as indicated herein above.;