R.C. Gandhi, J. - (1.) These appeals have been preferred against the judgment dated 13.06.2003 passed by the learned Additional District and Sessions Judge (Fast Track) No. 1, Jaipur District, Jaipur, whereby, the appellants have been convicted and sentenced to undergo life imprisonment and fine for commission of offences under Ss. 147, 148, 302/149, 323/149, 324/149 and 324 I.P.C. The prosecution story is that on 12.03.1998, a written report was submitted by Ganeshram at Primary Health Centre, Govindgarh to the Head Constable Om Prakash, stating therein that at about 9.00 p.m., his father Narayanlal, uncle Ghasiram, brother Jagdish Prasad and Aachuki were suddenly attached in their house by Mohanlal, Babulal, Hari Singh, Ramdev Singh, Baldev, Ramchandra, Birdichand and Gopal who came in a Jeep and on arriving started beating and set the Shed (Chhapra) of the house of Narayanlal on fire. They threatened to kill the entire family and also said that nothing has happened till now, if anything happens to their life and property, his family will be destroyed.
(2.) On the basis of this written report, F.I.R. No. 42/1998 for alleged commission of offences under Ss. 147, 323, 341 and 435 I.P.C. was registered and investigation started. During investigation Site Plan, Exhibit P -3, was prepared and statements of the witnesses were recorded. Accused except Baldev and Gopal were arrested. On their disclosure statements, recoveries were made. The injured Narayan, Jagdish, Aachuki and Ghansiram were got examined by the Doctor Azizuddin. The opinion of the Doctor was collected. The prosecution, also arrested Mohanlal and Birdichand and made recoveries of the weapons of offence as per their disclosure statements, but challan was not presented against them and also against Baldev and Gopal who remained absconding and investigation against these four accused have been kept pending under Sec. 173(8) Cr.P.C.
(3.) In the Challan, 42 witnesses were cited to prove the guilt against the accused. The charges were framed against the accused. The accused pleaded not guilty and were put to trial. The prosecution examined 30 witnesses out of 42 witnesses cited in the Challan before the Trial Court and the defence also examined five witnesses. On appreciation of the evidence, the Trial Court came to the conclusion that the prosecution has proved the guilt against the accused and recorded findings of conviction and sentenced to suffer life imprisonment including the sentences against other minor offences and imposed fine also.;