KANWALJIT SINGH AHLUWALIA,J. - (1.) Jagdish, Chiranji Lal, Gokal and Sardara Ram, four brothers being sons of Parsaram along with Birjuram son of Gid Ram were tried by the court of Additional Sessions Judge, Khetri in Sessions Case No. 2/90 (13/93). The said court vide impugned judgment dated 4.11.1993 convicted all the five accused for the offence under Section 147 IPC. Jagdish was substantively convicted for the offence under Section 302 for having caused death of Hari Ram father of Om Prakash (P.W.1), whereas remaining four accused Gokal, Sardara Ram, Chiranji Lal and Birjuram were convicted for the offence under Section 302/149 IPC. Jagdish, Gokal, Sardara Ram and Birjuram were convicted for the offence under Section 323 IPC, whereas Chiranji Lal was convicted for the offence under Section 323 with aid of Section 149 IPC for causing simple injuries to Om Prakash (P.W.1).
(2.) Having convicted the appellants for the above said offences, the trial Judge vide a separate order of even date sentenced the accused appellants as under:- U/s. 147 IPC-to undergo one year RI and to pay a fine of Rs. 100/-, in default of payment of fine to undergo additional one month SI. U/s. 302 and 302/149 IPC-to undergo life imprisonment and to pay a fine of Rs. 1000/-, in default of payment of fine to undergo additional six months SI. U/s. 323 and 323/149 IPC-to undergo three months RI and to pay a fine of Rs. 50/-, in default of payment of fine to undergo additional one month SI.
(3.) Aggrieved against their conviction and sentence, the accused appellants have filed the instant appeal.;