MOHAMMAD RAFIQ,J. - (1.) This criminal appeal under section 374 of the Code of Criminal Procedure, 1973 has been filed by six accused-appellants assailing the judgment and order dated 03.04.2008 passed by the court of learned Additional Sessions Judge (Fast Track), Chhabra, District Baran, in Sessions Case No. 88/2007, whereby learned trial court convicted them for offence under Sections 302, 302/149, 148, 323/149, 324, 324/149 of the Indian Penal Code and Section 4/25 of the Arms Act, and sentenced as under:- JUDGEMENT_140_LAWS(RAJ)9_2017_1.html All the sentences were ordered to run concurrently.
(2.) Briefly stated the facts of the case are that on 22.04.2007 one Ram Pratap lodged a report at Police Station Bapcha, District Baran, to the effect that Kajod Meena S/o Champalal Meena, Surajmal Meena S/o Champalal Meena, Ramcharan S/o Champalal Meena, Ramswaroop S/o Ramcharan Meena, Kajod S/o Shyamlal, Laddulal S/o Shyamlal, Suganchand S/o Shyamlal, Raghuveer Singh S/o Kajod Lal and Mahendra Singh S/o Kajodlal Meena, all residents of Kadarpura and Ram Jiwan Meena S/o Hari Singh, R/o Tulsakheda (M.P.) and Ramsingh Meena S/o Babulal Meena, R/o Chak (M.P.) were passing through the way along his house at 1:00 P.M. Out of these persons, Surajmal Meena, Suganchand, Raghuveer Singh, Kajod, Ram Jiwan and Ram Singh were armed with country made guns ('deshi katta'). When he restrained these persons from passing through the way near his house having armed with country made guns, they started abusing him and also slapped him as also his daughter Rajbai twice or thrice. He and his daughter raised hue and cry. His son was taking bath on the hand pump. On hearing hue and cry, his son Dhanna Lal rushed to the spot and when he reached there, Raghuveer Singh fired at the throat of Dhanna Lal and Ram Jiwan also fired at Dhanna Lal. Both the fires hit Dhanna Lal, as a result of which he died on the spot. His another son Radhey Shyam, Hemraj and his wife Bhooli Bai and local residents Ramesh and Tulsiram also came there to intervene in the matter, but Murti Bai W/o Kajod, Bhagwati Bai W/o Surajmal, Janki Bai W/o Shyamlal, Guddi Bai D/o Ramcharan and Bhuri Bai D/o Kajod subjected them to beating, as a result of which the family members of the complainant sustained injuries.
(3.) On the basis of that report, the police registered FIR No. 38/2007 for offence under Sections 147, 148, 302, 323/149 IPC and arrested accused persons and commenced investigation. After investigation, the police submitted charge sheet on 30.07.2007 in the court of Additional Chief Judicial Magistrate, Chhabra, for offence under Sections 147, 148, 323, 324, 302 read with Section 149 of the IPC and Sections 3/25 and 4/25 of the Indian Arms Act against six accused, namely, Raghuveer Singh, Kajod, Surajmal, Laddulal, Sugan Chand and Ram Jiwan. Three accused, namely, Ramswarup, Murti Bai and Bhagwati Bai were absconding and therefore charge-sheet was filed against them under section 299 of the Code of Criminal Procedure, 1973. Since the matter was triable by Court of Sessions, therefore, the court of Additional Chief Judicial Magistrate, Chhabra, committed the matter to the court of learned Additional Sessions Judge, Chhabra, which ultimately came to be transferred to the trial court. On 22.10.2007 the trial court, after hearing the arguments, framed charges against the accused persons for offence under Sections 148, 302 or 302/149, 323 or 323/149, 324 or 324/149 of the IPC. That apart, charge for offence under Section 3/25 of the Indian Arm Act was framed against accused Raghuveer and Ram Jiwan and for offence under Section 4/25 of the Indian Arms Act against accused Surajmal. The accused denied the charges and claimed to be tried. The prosecution examined as many as 27 witnesses and got forty three documents exhibited from Exhibit P-1 to Exhibit P-43. Statements of the accused were recorded under Section 313 Cr.P.C., 1973 The defence did examine any witness, however, got eleven documents exhibited from Exhibit D-1 to Exhibit D-11. After hearing the arguments, learned trial court, vide judgment and order dated 03.04.2008 convicted and sentenced the appellants as indicated above. Aggrieved thereby, the appellants have preferred this appeal.;