GODARA, J. - (1.) This appeal is directed against the judgment and order dated 23/24-7-1981 passed by learned Sessions Judge, Jalore in Sessions Case No. 58/80. The learned Sessions Judge, after completion of trial, vide his impugned judgment and order convicted and sentenced the accused-appellants Nos. 1 to 7 as under : 1) Pahar Singh U/S. 302 IPC Sentenced to life imprisonment and, fine of Rs. 1000/- and, in default of payment of fine, to further undergo one year's rigorous imprisonment. U/S. 302/149 IPC Life imprisonment and fine of Rupees 1000/- and, in default of payment of fine, to further undergo one year's rigorous imprisonment. U/S. 325/149 IPC Three year's rigorous imprisonment and a fine of Rs. 300/- and, in default of payment of fine to further undergo four months' rigorous imprisonment. U/S. 323 IPC Three month's simple imprisonment and fine of Rs. 100/- and in default of payment of fine to further undergo 15 days' simple imprisonment. U/S. 323/149 IPC Three month's simple imprisonment and fine of Rs. 100/- and in default of payment of fine to further undergo 15 days' simple imprisonment. U/S. 147 IPC Three month's simple imprisonment and fine of Rs. 100/- and in default of payment of fine to further undergo 15 days' simple imprisonment. 2) Bhav Singh U/S. 302 IPC Sentenced to life imprisonment and fine of Rs. 1000/- and in default of payment of fine to further undergo one year's rigorous imprisonment. U/S. 302/149 IPC Life imprisonment and fine of Rupees 1000/- and in default of payment of fine, to further undergo one year's rigorous imprisonment. U/S. 325/149 IPC Three year's rigorous imprisonment and a fine of Rs. 300/- and in default of payment of fine to further undergo four months' rigorous imprisonment. U/S. 323 IPC Three month's simple imprisonment and fine of Rs. 100/- and in default of payment of fine to further undergo 15 days simple imprisonment. U/S. 323/149 IPC Three month's simple imprisonment and fine of Rs. 100/- and in default of payment of fine to further undergo 15 days' simple imprisonment. U/S. 147 IPC Three month's simple imprisonment and fine of Rs. 100/- and in default of payment of fine to further undergo 15 days' simple imprisonment. 3) Jog Singh U/S. 302/149 IPC Life imprisonment and fine of Rupees 1000/- and in default of payment of fine to further undergo one year's rigorous imprisonment. U/S. 325/149 IPC Three year's rigorous imprisonment and a fine of Rupees. 300/- and in default of payment of fine to further undergo four months' rigorous imprisonment. U/S. 323 IPC Three month's simple imprisonment and fine of Rs. 100/- and in default of payment of fine to further undergo 15 days' simple imprisonment. U/S. 323/149 IPC Three month's simple imprisonment and fine of Rs. 100/- and in default of payment of fine to further undergo 15 days' simple imprisonment. U/S. 147 IPC Three month's simple imprisonment and fine of Rs. 100/- and in default of payment of fine to further undergo 15 days' simple imprisonment. 4) Chandan Singh U/S. 307 IPC Five years' RI and fine of Rs. 700/- and in default of payment of fine to further undergo five months rigorous imprisonment. U/S. 325 IPC Three year's RI and fine of Rs. 300/- and in default of payment of fine to further undergo four months' rigorous imprisonment. U/S. 325/149 IPC Three year's rigorous imprisonment and a fine of Rs. 300/- and in default of payment of fine to further undergo four months' rigorous imprisonment. U/S. 323 IPC Three month's simple imprisonment and fine of Rs. 100/- and in default of payment of fine to further undergo 15 days' simple imprisonment. U/S. 323/149 IPC Three month's simple imprisonment and fine of Rs. 100/- and in default of payment of fine to further undergo 15 days' simple imprisonment. U/S. 147 IPC Three month's simple imprisonment and fine of Rs. 100/- and in default of payment of fine to further undergo 15 days' simple imprisonment. (5) Asu Singh U/S. 307/149 IPC Five years' R.I. and fine of Rs. 700/- and in default of payment of fine to further undergo five months' rigorous imprisonment. U/S. 325/149 IPC Three year's rigorous imprisonment and a fine of Rupees 300/- and in default of payment of fine to further undergo four months' rigorous imprisonment. U/S. 323 IPC Three month's simple imprisonment and fine of Rs. 100/- and in default of payment of fine to further undergo 15 days' simple imprisonment. U/S. 323/149 IPC Three month's simple imprisonment and fine of Rs. 100/- and in default of payment of fine to further undergo 15 days' simple imprisonment. U/S. 147 IPC Three month's simple imprisonment and fine of Rs. 100/- and in default of payment of fine to further undergo 15 days simple imprisonment. 6)Man Singh U/S. 325 IPC Three years' rigorous imprisonment and a fine of Rupees 300/- and in default of payment of fine to further undergo four months' R.I. U/S. 325/149 IPC Three years' rigorous imprisonment and a fine of Rupees. 300/- and in default of payment of fine to further undergo four months' rigorous imprisonment. U/S. 323 IPC Three month's simple imprisonment and fine of Rs. 100/- in default of payment of fine to further undergo 15 days' simple imprisonment. U/S. 323/149 IPC Three month's simple imprisonment and fine of Rs. 100/- in default of payment of fine to further undergo 15 days' simple imprisonment. U/S. 147 IPC Three month's simple imprisonment and fine of Rs. 100/- in default of payment of fine to further undergo 15 days' simple imprisonment. 7. Moti Singh U/S. 325 IPC Three years' rigorous imprisonment and a fine of Rs. 300/- and in default of payment of fine to further undergo four months' R.I. U/S. 325/149 IPC Three year's rigorous imprisonment and a fine of Rs. 300/- and in default of payment of fine to further undergo four months' rigorous imprisonment. U/S. 323 IPC Three month's simple imprisonment and a fine of Rs. 100/- in default of payment of fine to further undergo 15 days' simple imprisonment. U/S. 323/149 IPC Three month's simple imprisonment and fine of Rs. 100/- in default of payment of fine to further undergo 15 days' simple imprisonment. U/S. 147 IPC Three month's simple imprisonment and fine of Rs. 100/- in default of payment of fine to further undergo 15 days' simple imprisonment.
(2.) As regards appellants Nos. 8 to 21, they were convicted under Secs. 325/149, 323, 323/149 and 149, I.P.C. and, at the same time, they were acquitted of the offence under Secs. 302/149 and 307/149, I.P.C. However, after their conviction, as above, the learned trial Judge instead of sentencing them immediately, extended benefit of Probation of Offenders Act and ordered their release on probation of good conduct and keeping peace for a period of three years on their execution of a bond in the sum of Rs. 3,000/- and a surety bond in the like amount.
(3.) By the same judgment and order, learned trial Judge acquitted the accused Bhoor Singh, Hanjiya, Pabu Singh, Gulab Singh, Durjan Singh, Chatra, Janiya, Soniya, Jhepa, Kesiya and Kevada of offence under Sects. 147, 302/149, 307/149, 325/149, 323 and 323/149, I.P.C. However, as regard the order of acquittal of aforesaid accused persons, the State has not preferred any appeal against their acquittal and so far as accused persons who have been acquitted as above for alleged commission of offence for which they were tried by the trial Court, their acquittal has become final.;