Sangeet Lodha, J. - (1.) This appeal is directed against judgment and order dated 10.2.09 of the Additional District & Sessions Judge (Fast Track) No.1, Udaipur in Sessions Case No.47/08, whereby the appellants Fagna s/o Lalua Pargi, Sawaji s/o Ramaji Pargi, Rama s/o Lalua Pargi and Lukia s/o Nana Pargi were convicted and sentenced as under:- U/s. 148 IPC Each to suffer two years simple imprisonment and fine of Rs. 1000/-; in default to further suffer one month's simple imprisonment. U/s. 452/149 IPC Each to suffer three years' simple imprisonment with fine Rs. 5,000; in default, to further suffer three months' simple imprisonment. U/s. 302/149 IPC Each to suffer life imprisonment with fine Rs. 10,000; in default, to further suffer six months' simple imprisonment. The sentences are directed to run concurrently.
(2.) The prosecution story in nutshell is that on 18.6.07 around 6.30 p.m. Manilal accompanied by his son Laxman went to attend Narayan's son marriage. There Manilal entered into altercations with Lukia s/o Nana and Rama s/o Lalua Pargi on account of old animosity and dues. They threatened Manilal to kill him. Fearing from that, Manilal and Laxman returned home. They were chased by Fagna s/o Lalua armed with Sword, Sawaji s/o Rama armed with Lathi, Pathru s/o Laluram Pargi armed with Bow-arrow. They were accompanied by Rama armed with Bow-arrow and Lukia armed with Sword. Seeing situation at the time, Manilal's wife Diwali came out of the house and caught hold of Lukia and kept on imploring him not to engage in fight. As Manilal entered the house, he saw Fagna armed with Sword coming from back, on this he tried to escape from corner of Padsal then he saw Rama and Pathru in front of him, then Manilal attempted to escape from the Main Gate at that time, Fagna holding Sword in his hand attacked him. Sword blow was aimed at left side of the neck. Manilal made an unsuccessful attempt to rescue himself from his left hand but Sword injury was inflicted on the neck and half of his neck was cut. Simultaneously with the jolt, half portion of the Sword broke down and fell at the site. Rama and Pathru gave blow with the arrow in Manilal's back. Three arrows pierced the person of Manilal, out of which two of them he removed on his own but one remained entrapped. In semi conscious state, he fell down on a cot nearby and died. Sawaji inflicted injuries on Laxman and Sawia with Lathi and threatened them. Wajki, Suma and Geeta had also witnessed the incident but they were frightened.
(3.) P.W.7-Fula s/o Rata Pargi narrated the incident occurred orally which was reduced in writing by the police vide Ex.P/10 and on the basis of the oral information, an FIR (Ex.P/11), for offences under Section 147, 148, 149, 452, 323 & 302 IPC was registered by the police and investigation commenced.;