Shiv Kumar Sharman J. - (1.) Challenge in this appeal is to the judgment dated April 4, 2003 of the learned Additional Sessions Judge (Fast Track) Laxmangarh, whereby the appellants, six in number, were convicted and sentenced as under:- Prakash and Shri Chand: Under Section 302 IPC: Both to suffer imprisonment for life and fine of Rs.500/-, in default to further suffer rigorous imprisonment for three months. Under Section 148 IPC: Both to suffer rigorous imprisonment for one year and fine of Rs.200/-, in default to further suffer rigorous imprisonment for one month. Under Section 324 IPC: Both to suffer rigorous imprisonment for one year and fine of Rs.200/-, in default to further suffer rigorous imprisonment for one month. Under Section 323 IPC: Both to suffer rigorous imprisonment for six months and fine of Rs.200/-, in default to further suffer rigorous imprisonment for one month. Under Section 341 IPC: Both to suffer rigorous imprisonment for one month and fine of Rs.100/-, in default to further suffer rigorous imprisonment for five days. Under Section 427 IPC: Both to suffer rigorous imprisonment for six months and fine of Rs.100/-, in default to further suffer rigorous imprisonment for fifteen days. Pappu, Kishan Lal, Phoola and Harpyari: Under Section 302/149 IPC: Each to suffer imprisonment for life and fine of Rs.500/-, in default to further suffer rigorous imprisonment for three months. Under section 148 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs.200/-, in default to further suffer rigorous imprisonment for one month. Under Section 324/149 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs.200/-, in default to further suffer rigorous imprisonment for one month. Under Section 323/149 IPC: Each to suffer rigorous imprisonment for six months and fine of Rs.200/-, in default to further suffer rigorous imprisonment for one month. Under Section 341 IPC: Each to suffer rigorous imprisonment for one month and fine of Rs.100/-, in default to further suffer rigorous imprisonment for five days. Under Section 427 IPC: Each to suffer rigorous imprisonment for six months and fine of Rs.100/-, in default to further suffer rigorous imprisonment for fifteen days. The substantive sentences were ordered to run concurrently.
(2.) The prosecution story is woven like this:- Informant Naval Kishore (Pw.1) submitted a written report (Ex. P-1) on May 28, 1999 at Police Station Govindgarh stating therein that on the said day while they were constructing wall of their house Prakash along with 8-10 persons armed with Pharsis and lathis came over there and started demolishing the wall. When the complainant party objected, Prakash inflicted blow with Pharsi on the head of Devendra due to which his fell down, thereafter Sri Chand inflicted blow with pharsi on the head of Devendra, thereupon Devendra became unconscious. Harpyari and two other ladies caught hold of Brij Bihari and Pappu inflicted blow with lathi on the head of Brij Bihari. On raising alarm Shyam Lal and Kailash intervened. When the informant and others were going to police station they were belaboured on the way near Govindgarh Patrol pump by Sarvasukh, Kishan Lal, Harchand etc. Sarvasukh and Prakash inflicted blows with lathis on his (Naval Kishore) head and other family members also received injuries. Sum of Rs.1000/- and wrist watch were snatched by Sarvasukh. On that report case under sections 147, 148, 149, 323, 341 and 379 IPC was registered and investigation commenced. During the course of investigation Pappu @ Devendra succumbed to his injuries. 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 appellants. In due course the case came up for trial before the learned Additional Sessions Judge, Fast Track, Laxmangarh. Charges under sections 148, 302, 302/149, 324, 323, 341 and 427 IPC were framed against the appellants, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. In the explanation under Section 313 Cr.PC, the appellants claimed innocence. One witness was examined in support of defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.
(3.) We have heard the submissions advanced before us and scanned the material on record.;