NIRMALJIT KAUR,J. - (1.) All the above mentioned appeals shall stand decided together as they arise out of the common judgment.
(2.) The present appeals are preferred by the accused-appellants against the judgment and order dated 20.02.2013 passed by learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Cases, Bhilwara, vide which the accused-appellants have been convicted and sentenced for the offence under Sections 147, 148, 302/149, 302 IPC read with section 3(2) (5) of the SC/ST Act and Section 3/25 of the Arms Act.
(3.) Brief facts of the case as unfolded by the prosecution are that a written report was submitted by Ratan Lal Bairwa (PW-4), who is the brother of the deceased Raju Bairwa, on 11.03.2005 at 12:30 p.m. which is Exhibit-P/5, upon which an FIR was registered against the accused-persons for the offence under Sections 147, 148, 149, 323, 302 of the IPC. As per the written report, accused-Shakil, Umar, Iqbal, Ashik, Hasan Ali, Shaukat Ali and Munna along with other persons came to his house on 11.03.2005 around 10 a.m. looking for his brother while shouting that they will finish him as he is going around giving evidence against them. As per Ratan Lal, he tried to pacify them by saying that he will try and make his brother understand, on which, they went away threatening. Ratan Lal thereafter went in search of his brother but he could not find him. After sometime, at the round about of Kawakheda, he saw Balmukumd Khatik, Ravi Baba and Kalu Vaishnav coming towards him. They told him that Shakeel, Umar, Iqbal, Ashiq, Hasan Ali, Shaukat Ali, Munna and their companions have beaten up Raju Bairwa near New Housing Board Shastri Nagar Tempo Stand and shot him dead. Ratan Lal Bairwa thereafter reached hospital where he came to know that his brother Raju Bairwa has died. After investigation, the police filed challan against Akil Khan, Hassan Ali, Ashiq Ali, Mohd. Hussain, Taiyab Hussain and Munna @ Bandari under Section 147, 148, 149, 302, 120-B of the IPC as well as 3/25 of the Arms Act and section 3(2)(5) of the SC/ST Act. Thereafter, Shaukat Ali was arrested on 17.12.2005 and after his identification, challan was filed under Section 147, 148, 149, 302 of the IPC and under section 3(2)(5) of the SC/ST Act. Similarly, challan was filed against accused-Mohd. Umar under Section 147, 148, 149, 302, 120-B of the IPC as well as under Section 4/25 of the Arms Act and under section 3(2)(5) of the SC/ST Act. On the arrest of accused-Shakeel Khan and Monu @ Mehandi Hasan, challan was filed under Section 147-148, 302/149, 120B of the IPC and under section 3(2)(5) of the SC/ST Act. Charges too were accordingly framed for the above-mentioned sections against all 10 of them.;