KANWALJIT SINGH AHLUWALIA,J. - (1.) The complainant and the accused are having their houses in front of each other. In the occurrence, from the side of complainant, Shaukeen received injuries and as result thereof, he died on the night of the occurrence, furthermore Aamin (P.W.1) brother, Bismillah (P.W.2) mother, Sattar (P.W.5) brother and Jubeda (P.W.3) bhabhi of deceased Shaukeen had suffered injuries. From the side of accused, Sultan, Ramjan and Munshi received injuries.
(2.) The trial Judge held that the accused party acted as aggressor and the complainant party in self defence had caused injuries. Having held so, the trial Judge vide impugned judgment dated 30.6.1987 passed in Sessions Case No.32/1984, arising out of FIR (Exhibit-P/2) bearing No.46/84 registered at Police Station Nawalgarh, Jhunjhunu, convicted five accused namely Gafoor Khan, Munshi, Ramjan, Sultan and Siraj for the offences under Sections 148, 302/149, 325/149 and 323/149 IPC.
(3.) Having convicted the accused persons for the above said offences, the trial Judge vide a separate order of even date, sentenced them as under:- U/s. 148 IPC - to undergo two years RI and to pay a fine of Rs. 100/- each, in default thereof to undergo additional one month RI. U/s. 302/149 IPC - to undergo life imprisonment and to pay a fine of Rs. 100/- each. U/s. 325/149 IPC - to undergo two years RI and to pay a fine of Rs. 100/- each, in default thereof to undergo additional one month RI. U/s. 323/1498 IPC - to undergo three months SI.;