Sangeet Lodha, J. - (1.) These appeals are directed against judgment and order dated 2.7.14 passed by the Additional Session Judge No.2, Udaipur in Session Case No.29/13, whereby the appellants Vakta s/o Dhanna Gameti, Mangla s/o Vaga Gameti, Dhula s/o Kanna Gameti, Kalu s/o Mangla Gameti, Smt. Kamla w/o Mohanlal Gameti, Smt. Harku w/o Chatraji Gameti, Leela w/o Logar Gameti, Vardi w/o Dhula Gameti, Smt. Takudi w/o Vakta Gameti, Prabhulal s/o Khima Gameti, Chokharam s/o Khima Gameti, Vajja s/o Chatra Gameti, Raju s/o Vaga Gameti, Smt. Sawali w/o Kalu @ Kalia Gameti, Deva @ Devla s/o Khima Gameti, Smt. Jhamku w/o Raju Gameti, Smt. Champa w/o Takhta Gameti, Smt. Laxmi w/o Deva Gameti, Logar s/o Vakta Gameti and Takhtaram s/o Mangla Gameti, have been convicted for offences under Section 148, 452, 323/149, 325/149, 302/149 IPC and sentenced as under: Section 148 IPC Two years simple imprisonment with fine Rs.2,000/-; in default of payment of fine to further undergo two months imprisonment. Section 452 IPC Five years simple imprisonment with fine Rs.5,000/-; in default of payment of fine to further undergo five months imprisonment. Section 323/149 IPC One year simple imprisonment with fine Rs.1,000/-; in default of payment of fine to further undergo one month imprisonment. Section 325/149 IPC Five years simple imprisonment with fine Rs.5,000/-; in default of payment of fine to further undergo five months imprisonment. Section 302/149 I.P.C. Imprisonment for life and a fine of Rs.25,000/-; in default of payment of fine to further undergo two years' simple imprisonment. That apart, appellant Logar s/o Vakta Gameti and Takhta s/o Mangla Gameti have also been convicted for offence under Section 4/25 of the Arms Act and sentenced to suffer two years simple imprisonment with fine Rs.2,000/-; in default to suffer two months further imprisonment. All the sentences have been directed to run concurrently.
(2.) Briefly stated, the prosecution case is that Keshulal killed Mohan when he saw his wife in a compromising position with Mohan in his house, who is undergoing sentence in jail. After the said incident, out of fear Naru's family left the village and started living towards the village Madri and Dodawali. On 29.6.09, at 6 P.M. when Naru s/o Partha, his wife Jhamku (PW 1), Nanji s/o Naru, Ganga w/o Nanji, Heera s/o Partha, Kalki w/o Heera, Meera d/o Partha due to rainy season, came to Amba Ka Khadra for the purpose of cultivating crop. All of them sitting in verandah of their house were engaged in conversation. After a short while out of the enmity generated by Mohan's death, his family members, Vakta s/o Dhanna, Logar s/o Vakta, Takudi w/o Vakta, Leela w/o Logar, Vajja s/o Chatra, Harku w/o Chatra, Kamla wd/o Mohan, Mangla s/o Vaga, Kalia s/o Mangla, Taktha s/o Mangla, Champa w/o Takhta, Devla s/o Khima, Laxmi w/o Devla, Chokha s/o Khima, Jhamku w/o Raju, Prabhu s/o Khima, Sawali w/o Kalia, Raju s/o Vaga, Dhula s/o Kanna, Vardi w/o Dhula, all armed with sword, axe, stick, iron rod and stone with common object entered the house of Naru and started beating Naru, Nanji, Jhamku (PW 1), Heera (PW 2), Kalki (PW 6), Meera (PW 7) and Ganga (PW 8). When all started running to save their life, Kamla gave blow with stick on Jhamku's face, as a result of which, she suffered injuries on left eye and face and fell down, however, the assailants continued to beat her. They also caught hold of Naru and Nanji while they were running away and started beating them with axe, sword, iron rod, stick and stones, due to which both of them suffered serious injuries on the head and other parts of the body and succumbed to the injuries on the spot. Heera, Kalki, Meera and Ganga also suffered injuries.
(3.) On the basis of Ex.P/1-oral statement of Jhamku (PW 1) narrating the incident occurred as aforesaid, the police registered an FIR (Ex.P/59) against the appellants for offences under Section 147, 148, 452, 341, 302, 323/149 IPC and the investigation commenced.;