KANWALJIT SINGH AHLUWALIA,J. - (1.) Eighteen persons all belonging to Gurjar community, residents of Girdharpura, Police Station Bandikui, were tried by the Court of Additional Sessions Judge, Bandikui, District Dausa. The said Court vide impugned judgment dated 05.01.2012 held Dhara Singh s/o Nathulal guilty of offences punishable under Sections 148, 447, 452, 323/149, 324/149, 325/149, 326 and 302 IPC. Similarly, the Court held Gobind Sahai s/o Kanhaiya Lal guilty of offences under Sections 148, 447, 452, 323/149, 324/149, 325/149, 326/149 and 302 IPC. Thus, two accused Dhara Singh and Gobind Sahai were substantively convicted for offence under Section 302 I.P.C. for having caused murder of Ram Sahai. Remaining sixteen accused, namely Pappu s/o Beerbal, Vijay s/o Beerbal, Smt. Narbada w/o Gobind Sahai, Ram Kishan s/o Mangelal, Jairam s/o Mangelal, Sitaram s/o Beerbal, Badri s/o Prabhati, Harji s/o Shriya Ram, Motilal s/o Shriya Ram, Sardar Singh @ Lohadiya s/o Prabhati Lal, Nathu s/o Kanhaiya, Lala s/o Kanhaiya, Ram Ratan @ Ratan s/o Kanhaiya, Prahlad s/o Jairam, Smt. Kamli w/o Nathu and Mannu @ Man Singh s/o Harji, were convicted for offences under Sections 148, 447, 452, 323/149, 324/149, 325/149, 326/149 and 302/149 IPC. Thus, these all sixteen accused being members of unlawful assembly for causing simple injuries with blunt and incised weapon and for causing grievous injuries with blunt and incised weapon, for causing murder, have been convicted with aid of Section 149 I.P.C. The trial court vide a separate order of even date, sentenced the accused as under:- Accused, Dhara Singh "U/s. 302 IPC : Life imprisonment, to pay a fine of Rs.5,000/- and in default thereof to further undergo additional one year rigorous imprisonment. U/s. 326 IPC : Seven years rigorous imprisonment, to pay a fine of Rs.1000/- and in default thereof to further undergo additional three months rigorous imprisonment. U/s. 325/149 IPC : Three years rigorous imprisonment, to pay a fine of Rs.1000/- and in default thereof to further undergo additional one month rigorous imprisonment. U/s. 324/149 IPC : One year rigorous imprisonment. U/s. 323/149 IPC : One year simple imprisonment. U/s. 447 IPC : Three months simple imprisonment. U/s. 452 IPC : Three years rigorous imprisonment, to pay a fine of Rs.1000/- and in default thereof to further undergo additional one month rigorous imprisonment. U/s. 148 IPC : One year rigorous imprisonment." Accused, Gobind Sahai "U/s. 302 IPC : Life imprisonment, to pay a fine of Rs.5,000/- and in default thereof to further undergo additional one year rigorous imprisonment. U/s. 326/149 IPC : Five years rigorous imprisonment, to pay a fine of Rs.1000/- and in default thereof to further undergo additional one month rigorous imprisonment. U/s. 325/149 IPC : Three years rigorous imprisonment, to pay a fine of Rs.1000/- and in default thereof to further undergo one month rigorous imprisonment. U/s. 324/149 IPC : One year rigorous imprisonment. U/s. 323/149 IPC : One year simple imprisonment. U/s. 447 IPC : Three months simple imprisonment. U/s. 452 IPC : Three years rigorous imprisonment, to pay a fine of Rs.1000/- and in default thereof to further undergo additional one month rigorous imprisonment. U/s. 148 IPC : One year rigorous imprisonment." Accused, Pappu, Vijay, Smt. Narbada, Ram Kishan, Jairam, Sitaram, Badri, Harji, Motilal, Sardar Singh @ Lohadiya, Nathu, Lala, Ram Ratan @ Ratan, Prahlad, Smt. Kamli and Mannu @ Man Singh "U/s. 302/149 IPC : Life imprisonment, to pay a fine of Rs.1,000/- and in default thereof to further undergo additional three months rigorous imprisonment. U/s. 326/149 IPC : Five years rigorous imprisonment, to pay a fine of Rs.1000/- and in default thereof to further undergo additional one month rigorous imprisonment. U/s. 325/149 IPC : Three years rigorous imprisonment, to pay a fine of Rs.1000/- and in default thereof to further undergo additional one month rigorous imprisonment. U/s. 324/149 IPC : One year rigorous imprisonment. U/s. 323/149 IPC : One year simple imprisonment. U/s. 447 IPC : Three months simple imprisonment. U/s. 452 IPC : Three years rigorous imprisonment, to pay a fine of Rs.1000/- and in default thereof to further undergo additional one month rigorous imprisonment. U/s. 148 IPC : One year rigorous imprisonment." (All the sentences were ordered to run concurrently.)
(2.) Aggrieved against their conviction and sentence, ten accused namely Dhara Singh s/o Nathulal, Pappu s/o Beerbal, Vijay s/o Beerbal, Smt. Narbada w/o Gobind Sahai, Sitaram s/o Beerbal, Gobind Sahai s/o Kanhaiya, Nathu s/o Kanhaiya, Lala s/o Kanhaiya, Ram Ratan @ Ratan s/o Kanhaiya and Smt. Kamli w/o Nathu, have filed D.B. Criminal Appeal No.53/2012, whereas remaining eight accused, namely Ram Kishan s/o Mangelal, Jairam s/o Mangelal, Badri s/o Prabhati, Harji s/o Shriyaram, Motilal s/o Shriyaram, Sardar Singh @ Lohadiya s/o Prabhati Lal, Prahlad s/o Jairam and Mannu @ Man Singh s/o Harji, have preferred D.B. Criminal Appeal No.38/2012.
(3.) Since in both the above said appeals same common impugned judgment of conviction and order of sentence have been assailed, therefore, we shall decide both the appeals together.;