SANGEET LODHA,J. - (1.) This appeal is directed against judgment dated 13.8.07 of the Additional Sessions Judge (Fast Track) No. 1, Pali, whereby the appellants Gaji s/o Ladu, Lala s/o Gaji, Kalu s/o Gaji and Nimba s/o Gaji, were convicted and sentenced as under:- U/s. 341 IPC Each to suffer one month rigorous imprisonment and fine of Rs. 100/-, in default, to further suffer seven days simple imprisonment. U/s. 307/34 IPC Each to suffer seven year's rigorous imprisonment with fine Rs. 2,000, in default, to further suffer six months' rigorous imprisonment. U/s. 302/34 IPC Each to suffer life imprisonment with fine Rs. 5,000, in default, to further suffer one year's rigorous imprisonment. The sentence for conviction for offences under Sections 323 & 324 was included in the sentence awarded for conviction under Section 307 IPC. It is specifically ordered that the benefits of provisions of Section 428 Cr.P.C. shall be available to the accused appellants and further, they shall be entitled for remission by the State and shall suffer the life imprisonment.
(2.) The prosecution story in nutshell is that on 10.4.06 around 8.55 P.M. Ex. Sarpanch Shri Iqbal Kathhat informed the police on telephone that in village Nanana, two families have picked up quarrel which has resulted in serious injuries. On the basis of the information, while making an entry in the roznamcha, the police personnel ASI Goparam, Constables Ramkhiladi, Kanaram, Foolchand, Madanlal, Bhanwarlal etc. went to the place of occurrence. On the same day at 9.15 P.M. yet another information (Ex.P/41) was given by Shri Iqbal Kathhat to the police informing that as a result of quarrel between the families of Anada and Gaji, Anada has expired on the spot, Guman and Abdul are seriously injured. Later, on ASI Goparam reaching the place of occurrence, Iqbal s/o Shayarji Kathhat submitted a written report (Ex.P/36) to the effect that when he and Moola Kathhat reached the Nanana Bazar on motor cycle at around 8.30 P.M., they saw Gaji s/o Ladu, Lala s/o Gaji, Nimba s/o Gaji and Kalu s/o Gaji were standing in front of Mahaveer Jain's shop holding kunt and sticks in their hands. When Guman (PW 2) proceeded towards the market, Gaji and his three sons stopped him and started beating him with sticks and kunt. On Guman screaming, Anada and Abdul came to his rescue then Gaji and his sons started beating them as well with sticks and kunt. Gaji and Lala were having sticks in their hands, Kalu was having kunt and Nimba was having stick and knife. Anada succumbed to the injuries on the spot and Guman and Abdul got injured. The accused persons fled away from the spot. Later, Abdul and Guman were taken to hospital at Beawar in Salim's jeep. Later, Abdul also died in the hospital.
(3.) On the basis of the written report (Ex.P/36), the police registered an FIR for commission of offences under Section 341, 323, 307, 302/34 IPC and the investigation commenced.;