M.C. Sharma, J. - (1.) By Filing instant criminal appeal under Sec. 374 Cr.P.C., the accused appellants have challenged the Judgment of conviction and sentence dated 24.2.2003 passed by learned Additional Sessions Judge (Fast Track) No. 2, Jaipur City (for learned 'Trial Court') in Sessions Case No. 108/2001, whereby it convicted the accused appellants as under: Accused appellant No. 1 Bhawani Singh: Section 304 & 109 IPC: Rigorous Imprisonment for ten years and a fine of Rs. 1,000/ -. In default of payment of fine, he shall undergo six months' Simple Imprisonment. Section 29 of the Indian Arms Act: Three years Rigorous Imprisonment and a fine of Rs. 500/ -. In default of payment of fine, he shall undergo Simple Imprisonment for one month. Accused appellant No. 2 Gopal Singh: Section 304 IPC: Rigorous Imprisonment for ten years and a fine of Rs. 1,000/ -. In default of payment of fine, he shall undergo six months' Simple Imprisonment. Section 27 of the Indian Arms Act: Three years Rigorous Imprisonment and a fine of Rs. 500/ -. In default of payment of fine, he shall undergo Simple Imprisonment for one month. All the sentences were ordered to run concurrently. Brief facts of the case are that on 8.2.1997 informant Kesar Lal submitted a written report (Ex. P6) at P.S. Vaishali Nagar, Jaipur to this effect that his brother Lal Chand after standing on his land was cutting the tree. Suddenly, Bhawani Singh S/o. Dr. Sardar Singh along -with Gopal Singh, Driver came there. They gave beating near about 1:20 P.M. This occurrence has been seen by Madan Lal and Ashok Kumar. He further mentioned in the report that Bhawani Singh told Gopal Singh, Driver that he should gave a gun shot, as the gun was Gopal Singh, Driver. Upon this he (Gopal Singh) immediately caused gun shot on Lal Chand, the result of which his brother died at the spot.
(2.) The Police on the basis of this written report, registered an FIR No. 42/2007, for the aforesaid offences.
(3.) The police after investigation submitted challan against the accused appellants for the aforesaid offences.;