VIRENDRA KUMAR MATHUR,J. - (1.) Both the appeals are directed against the judgment dated 07.01.2012 passed by Additional Sessions Judge, Sangariya in Sessions Case No.06/2010 ( State v. Shrawan Singh & Others ) arising out of FIR No.638/2009 of Police Station Sangariya, District Hanumangarh, whereby learned Additional Sessions Judge convicted accused-appellants for offence under sec.302 & in alternative sec.302 read with sec.34 IPC , sections 326 / 34 , 324 / 34 , 325 and in alternative 325/34, 323 and in alternative 323/34 and 447 IPC and sentenced as follows: Accused Shrawan Singh and Ram Gopal only Sec.302 and in alternative 302/34 IPC : imprisonment for life and fine of Rs.15000/- each, in default of payment of fine- to undergo further rigorous imprisonment for 15 months Accused Shrawan Singh, Ram Gopal, Kartar Singh and Mst Nan Kaur @ Nanko Sec.326 and in alternative 326/34 IPC : 7 years' rigorous imprisonment and fine of Rs.5000/- each, in default of payment of fine- to undergo further rigorous imprisonment for 5 months Sec.325 and in alternative 325/34 IPC : 3 years' rigorous imprisonment and fine of Rs.1000/- each, in default of payment of fine- to undergo further rigorous imprisonment for one months Sec.324 and in alternative 324/34 IPC : 2 years' rigorous imprisonment and fine of Rs.500/- each, in default of payment of fine- to undergo further rigorous imprisonment for 15 days Sec.323 and in alternative 323/34 IPC : 3 months' simple imprisonment each Sec.447 IPC : 3 months' simple imprisonment each Accused Raj Kaur w/o Ram Gopal and Bhajan Kaur w/o Hari Chand D/o Shrawan Singh were given benefit of doubt.
(2.) In view of common set of facts pertaining to case of appellants in both these appeals and common judgment passed by learned trial judge, both the aforesaid appeals are being disposed of by this common judgment.
(3.) Brief facts of the case are that Ram Singh Baori, resident of Chak 5-CDR Rohi Kharakheda, who was admitted in CHC Sangariya, on 01.12.2009 at 10:00PM gave 'parcha-bayan' to ASI Mr Sant Ram, Police Station Sangariya. Upon his 'parcha-bayan', Police registered FIR No.638/2009 for offence under Sections 447 , 323 , 143 IPC and investigation was assigned to Mr Prithviraj, ASI.;