Pradeep Nandrajog, C.J. - (1.) The three captioned appeals are directed against the judgment dated 04/11/2011 passed by the learned Additional Sessions Judge (Fast Track) No.2, Jaipur Metropolitan, Jaipur whereby, the appellants have been convicted and sentenced, as under:- (a) Appellant-Mahendra Saini was convicted for offence u/Ss.302 & 460 IPC and S.3/25 of the Arms Act. For offence u/S.302 IPC, he has been sentenced to life imprisonment with fine of Rs. 7,000/- with default stipulation, for offence u/S.460 IPC he has been sentenced to rigorous imprisonment for five years with fine of Rs. 2,000/- with default stipulation and for offence u/S.3/25 of the Arms Act, one year simple imprisonment with fine of Rs. 1,000/- with default stipulation. (b) Appellant Vinod Saini was convicted for offence u/Ss.302/34, 460 IPC & S.4/25 of the Arms Act. For offence u/S.302/34 IPC, he has been sentenced to life imprisonment with fine of Rs. 5,000/- with default stipulation, for offence u/S.460 IPC five years rigorous imprisonment with fine of Rs. 2,000/- and for offence u/S.4/25 of the Arms Act six months simple imprisonment with fine of Rs. 500/- with default stipulation. (c) Appellant Ratan Lal was convicted for offence u/Ss.302/34, 460 IPC and S.4/25 of the Arms Act. For offence u/S.302/34 IPC, he been sentenced to life imprisonment with fine of Rs. 5,000/- with default stipulation, for offence u/S.460 IPC five years rigorous imprisonment with fine of Rs. 2,000/- and for offence u/S.4/25 of the Arms Act six months simple imprisonment with fine of Rs. 500/- with default stipulation. All the sentences have been directed to run concurrently.
(2.) Criminal law was set into motion at about 03.15 A.M. on June 28, 2010 when Mahender Kumar Saini, PW-1 reached PS Murlipura, Jaipur City (South) and gave a written complaint : Ex.P-1. The gist of the statement Ex.P-1 is that: - he is aged 18 years and was a resident of Nahar Ki Dhani, Near Jwala Mata Mandir, Charan Nadi-II; on June 28, 2010 at about 12.30 01.00 A.M. Mahender Saini, Ratan Lal and their two associates entered their house by jumping over the wall; he and his family members woke up on hearing noise and tried to catch hold of them whereupon said persons attacked them with swords and fired; said four persons fired at his brother Suresh with an intention to kill him; his brother Suresh got injured in the attack; said four persons ran away from their house under the impression that he and his family members have died; his brother Suresh died in SMS Hospital during treatment; Ratan Lal and Mahender are well known to him and can identify other two persons; one month prior to June 28, 2010 Mahender had eloped with his sister Mamta Saini and that Mahender along with his associates had orchestrated said attack on account of said enmity.
(3.) Upon presentation of the written report Ex.P-1, SI Dinesh Kumar made enquiries from Mahender Kumar Saini PW-1, who informed that he and his family members had apprehended Ratan Lal at the time of incident; Ratan Lal got injured during the incident and that they have handed over Ratan Lal to the police officers present at the spot.;