KANWALJIT SINGH AHLUWALIA, J. - (1.) Satya Narayan, Birdhi Lal and Kanhaiya Lal were three brothers. Birdhi Lal had two sons, namely Ram Prasad and Raju Lal. Kanhaiya Lal was married with Shanti Bai (P.W. 14). They were blessed with two children, namely Nand Ram @ Nand Lal (P.W. 3) and Seema (P.W. 8). Chandra Kala (P.W. 12) is wife of Nand Ram @ Nand Lal (P.W. 3). Satya Narayan and Birdhi Lal, two brothers, and Ram Prasad and Raju Lal, two sons of Birdhi Lal, were sent for trial for causing murder of Kanhaiya Lal and injuries to Nand Ram @ Nand Lal (P.W. 3), Seema (P.W. 8), Chandra Kala (P.W. 12) and Shanti Bai (P.W. 14).
(2.) The Court of Additional Sessions Judge No. 2, Bundi vide impugned judgment dated 18.1.2014 held Satya Narayan substantively guilty of offence under Section 302 IPC. The trial court came to the conclusion that qua offence of murder, Section 34 is not attracted. Hence, Birdhi Lal, his two sons Ram Prasad and Raju Lal were acquitted of offence under Section 302/34 IPC. The trial court held that due to solitary blow caused by Satya Narayan, his brother Kanhaiya Lal had died and thus, Satya Narayan is individually liable for murder. However, the trial court held that Satya Narayan, his brother Birdhi Lal and Ram Prasad and Raju Lal, two sons of Birdhi Lal, responsible for causing simple injuries to four injured eye-witnesses namely Nand Ram @ Nand Lal (P.W. 3), Seema (P.W. 8), Chandra Kala (P.W. 12) and Shanti Bai (P.W. 14). Having convicted the accused Satya Narayan for offence under Section 302 IPC and all the four accused for offences under Sections 341/34 and 323/34 IPC, the trial court vide a separate order of even date, sentenced the appellants as under:- "Accused, Satya Narayan "U/s. 302 IPC: Life imprisonment, to pay a fine of Rs. 10,000/- and in default thereof to further undergo six months additional imprisonment. U/s. 323/34 IPC: Four months simple imprisonment, to pay a fine of Rs. 500/- and in default thereof to further undergo fifteen days additional simple imprisonment. U/s. 341/34 IPC: Fifteen days simple imprisonment, to pay a fine of Rs. 100/- and in default thereof to further undergo three days additional simple imprisonment." Accused, Birdhi Lal, Raju Lal and Ram Prasad "U/s. 323/34 IPC: Four months simple imprisonment, to pay a fine of Rs. 500/- and in default thereof to further undergo fifteen days additional simple imprisonment. U/s. 341/34 IPC: Fifteen days simple imprisonment, to pay a fine of Rs. 100/- and in default thereof to further undergo three days additional simple imprisonment."
(3.) Birdhi Lal and his two sons, namely Ram Prasad and Raju Lal, accepted the verdict given by the trial court and have not preferred any appeal.;