- (1.) Two groups indulged in mutual fight resulting in death of Jagdish and injuries to the members of both the sides. Govinda and Ram Ratan, appellants herein, along with fourteen co-accused, were put to trial before learned Additional Sessions Judge (Fast Track) Bandikui, District Dausa, for having committed murder of Jagdish, learned Judge vide judgment dated October 25, 2005 while acquitting co-accused persons convicted and sentenced the appellants as under:- Both to suffer imprisonment for life and fine of Rs.4000/-, in default to further suffer imprisonment for six months. Both to suffer simple imprisonment for one month. Sentences were ordered to run concurrently.
(2.) Informant Kanhaiya Lal (Pw.1) submitted a written report (Ex.P-1) on November 8, 1994 at 10.15 AM to the SHO Police Station Nangal Rajawatan at the place of incident stating therein that around 4.00 AM some miscreants armed with Guns, Dharia, Gandasa and lathis came over to village Gudha Kiratwas, got the villagers ousted from the houses, marched them to the field and started beating them when Jagdish Meena intervened, he was done to death. Nanag Ram, Jansi Ram, Lohu Ram, Chhotu Lal, Kanhaiya Lal Sharma, Arjun, Ramji Lal, Nehnu Ram, Prem, Dhapa and Nehna received injuries. The names of miscreants were Rampal Meena, Govinda, Phaili Ram, Somani, Gopi, Ram Ratan Sharma, Lallu Ram, Babu Lal Sharma, Pappu, Prem Sharma, Ghisi, Gayatri, Laxma, Kailashi, Kamla and Badam. On that report case under sections 147, 148, 149, 323, 325, 302, 307 and 447 IPC was registered and investigation commenced. Autopsy on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed against the accused. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Bandikui District Dausa. Charges under sections 147, 148, 324, 325, 326, 307, 302, 302/149 and 427 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 21 witnesses. In the explanation under Sec.313 CrPC, the accused claimed innocence and stated that on July 25, 1991 Ramesh, Babu, Suresh and Mahesh purchased a land. After the revenue suit decided in their favour, Tehsildar handed over possession of land to them on September 8, 1994. It was the complainant party that tried to dispossess the appellants on the date of incident. Five witnesses were examined in support of defence. Informant Kanhaiya Lal and other injured persons viz. Laxman, Chhotu, Naina, Jansi, Lohadi Ram, Dhapa and Prem entered into compromise with the appellants and filed compromise deed in the trial court. Learned trial court acquitted the appellants under sections 323, 324, 325 and 427 IPC on the basis of compromise. Thereafter on hearing final submissions, learned trial Judge, while acquitting co-accused persons, convicted and sentenced the appellants as indicated above.
(3.) We have heard rival submissions and scanned the material on record.;