GOPAL KRISHAN VYAS,J. - (1.) Instant criminal appeal has been filed by the appellants under Section 374(2) of Cr.P.C. against the judgment and order dated 28.01.2015 passed by the learned Sessions Judge, Chittorgarh in Sessions Case No. 206/2011 registered at Police station, Kapasan whereby, the learned trial court convicted the accused appellants for offence under Sections 302/149 and 148 IPC and sentenced them as under :- U/s 302/149 IPC Life Imprisonment and a fine of Rs.1,000/- and in default of payment of fine to further undergo six months simple imprisonment. U/s 148 IPC One year rigorous imprisonment.
(2.) As per brief facts of the case, the complainant Narayan Jat (PW/3) submitted a written report (Ex.P/2) at Police station Kapasan on 05.10.2011 at 5 PM in which following allegations were levelled against the appellants :- ...[VERNACULAR TEXT OMITTED]... 5-10-2011 On the basis of above written report, formal FIR No. 477/2011 (Ex.P/3) was registered against the accused appellants for offence under Sections 147, 148, 341, 323 and 302/149 IPC. After registration of FIR, regular investigation was conducted in which all the accused named in the FIR were arrested and recoveries of weapon and other articles were made upon information given by them. The S.H.O. Police station, Kapasan filed chargesheet against all the appellants in the court of Additional Chief Judicial Magistrate, Kapasan under Section 147, 148 and 302/149 IPC from where the case was committed to the court of District and Sessions Judge, Chittorgarh for trial.
(3.) The learned Sessions Judge after providing an opportunity of hearing to the appellants, framed charges against them for offence under Sections 148, 302 IPC and in the alternative 302 read with Section 149 IPC. The appellants denied the charges and claimed trial.;