GOVERDHAN BARDHAR,J. - (1.) This criminal appeal under section 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.PC') has been filed by five accused-appellants, namely, Mahavir Prasad, Smt. Bhanwari Devi, Jamanlal, Parmeshwarlal and Lalchand, assailing judgment and order dated 07.04.2014 passed by learned Additional Sessions Judge, No. 2, Jhunjhunu in Sessions Case No.(173/10) 57/2012, whereby learned trial court convicted and sentenced the accused-appellants as follows:- JUDGEMENT_225_LAWS(RAJ)2_2018_1.html All sentences were ordered to run concurrently.
(2.) Briefly stated the facts of the case are that on 26.09.2010 at 1:15 P.M PW4-Sohan Lal s/o Kalu Ram by caste Mali, aged 35 years r/o Dhani Pakodiya Wali, Tan Chirana gave a Parcha-bayan (Ex.P26) which was recorded by Dharampal (PW18), Assistant Sub Inspector, Police Station Udaipurwati to the effect that he is resident of Dhani Phakodiya Wali Tan. He is agriculturist and resides in a kachha house built in the field. On 26.09.2010 at about 11:00 A.M Mahavir s/o Kallaram, Jaman Lal s/o Mahavir, Lala s/o Mahavir, Parmeshwar s/o Mahavir, Hemraj s/o Mahavir, Bhanwari w/o Jamanlal, Ladodi w/o Mahavir, by caste Mali residents of Dhani Dhakala Wali Tan Chirana entered at his field armed with gandasi, dantla, kulhadi (axe), jaily, kasiya in their hands and started to harvest the millet crop. When they forbid to harvest the millet crop then all these persons gave beatings to complainant, Mukesh, Mangla Ram, Smt. Santosh, Smt. Babudi with the weapons in their hands with intention to kill. Ram Chandra Mali and other neighbouring persons, who resided in the Dhani, saved them, otherwise they would have been killed by the accused persons. Thereafter, they were taken to Chirana Hospital, where Mangla Ram succumbed to injuries.
(3.) On the basis of aforesaid Parcha-bayan (Ex.P27), an F.I.R. No. 236/2010 (Ex.P27) was registered at Police Station Udaipurwati, District Jhunjhunu for offence under Sections 147, 148, 149, 447, 323, 307 IPC. Investigation commenced.;