AMARESH KU.SINGH - (1.) Heard the learned counsel for the appellants and the learned Public Prosecutor.
(2.) This appeal is directed against the judgment dated 23rd June, 1980 passed by the Additional District Judge, Bhilwara in session case No. 28/78 (66 of 1978) State v. Roopa. By the aforesaid judgment, appellants Mangu, Banshi, Nanu, Roopa, Dhoola, Bheru, Mohan, Nanu s/o Moda, Nanu s/o Rama and Gheesa alias Gheesalal were convicted u/Ss. 147, 323, 325/149, 436/149, IPC. Appellant Mangu, Banshi, Nanu, Roopa, Dhoola were also convicted u/S. 452, IPC and accused Bheru, Mohan, Nanu Ahir, Nanu Raigar and Gheesa were also convicted u/S. 452/149, IPC. The sentences imposed on the appellants for various offences were as given below :- (1) For the offence u/S. 147, IPC :- Rigorous imprisonment for year and a fine of Rs. 100/- and further rigorous imprisonment for one month for default in payment of fine. (2) For the offence u/S. 323 :- Rigorous imprisonment for one year and a fine of Rs. 100/- and further rigorous imprisonment for one month for default in payment of fine. (3) For offence u/S. 452, 452 read with 149, IPC :- Rigorous imprisonment for two years and a fine of Rs. 100/- and further rigorous imprisonment for one month for default in payment of fine. (4) For offence u/S. 325/149, IPC :- Rigorous imprisonment for three years and a fine of Rs. 100/- and further rigorous imprisonment for one month for default in payment of fine. (5) For offence u/S. 436/149, IPC :- Rigorous imprisonment for seven years and a fine of Rs. 200/- and further rigorous imprisonment for two months for default in payment of fine.
(3.) Appellants Mangu alias Mangilal, Nanu s/o Durga and Gheesa alias Gheesa Lal s/o Ram Lal died during the pendency of the appeal.;