K.S. Chaudhari, J. - (1.) This appeal has been filed against the judgment dated 3.7.2002 passed by Additional Sessions Judge (Fast Track) Ajmer in Sessions Case No. 161/2001 by which he convicted accused-appellant-Ramdev under Section 148, 452, 302, 323/149 IPC and acquitted him under Section 323, 302/149 IPC and further convicted rest of eight accused-appellants under Section 148, 452, 302/149, 323/149 IPC and acquitted them of the offence under Section 323, 302 IPC and sentenced all the nine accused-persons under Section 148 IPC to undergo one year's simple imprisonment and fine of Rs. 1,000/-, in default of payment of fine to further undergo one month's simple imprisonment and under Section 452 IPC to undergone one year's simple imprisonment and fine of Rs. 1,000/- in default of payment of fine to further undergo two months simple imprisonment and under Section 323/149 IPC to undergo six months simple imprisonment and fine of Rs. 500/- in default of payment of fine to further undergo one month's simple imprisonment. Accused-Ramdev under Section 302 IPC and rest of the accused under Section 302/149 IPC were sentenced to undergo life imprisonment and fine of Rs. 2,000/- in default of payment of fine to undergo three months simple imprisonment and further ordered that all sentences shall run concurrently.
(2.) Brief facts of the prosecution case are that PW1-Ganga Ram along with PW2-Teju and PW5-Pusa lodged FIR Ex.P/1 on 30.6.98 at 7.00 a.m. and alleged that on 29.6.98 at 2.00 p.m. Dharam Singh, Pappu Singh abused and quarrelled with him in respect of land and villagers pacified them. In the night he alongwith his family members were sleeping in the Chowk of his house and suddenly all the accused-appellants armed with Lathi, Barchhi, Sariya and stones entered in his house after breaking the door, window and also from the roof of his house. In this assault his father Hajari was murdered and he along with his sons and daughter Satyanarayan, Hemraj, Teju, Sita and daughter-in-law Geeta sustained injuries which were inflicted by accused assailants. He got injuries on his foot by lathi and Geeta sustained injuries on her hand and back. At that time Heera, Chhitar and Sanwra came there. Assailants are habitually quarrelling and previously also they have committed murder in Kota. The assailants had restrained them during the night so the report could not be lodged in the night. On this report case under Section 147, 148, 452, 302, 323, 34 IPC was registered and after completion of investigation challan under Section 147, 148, 149, 336, 452, 323, 302 and 34 IPC was filed against the accused- appellants in the Court of Civil Judge (Junior Division) and Judicial Magistrate, Nasirabad. The case was committed to the Court of Sessions Judge, Ajmer and case was transferred to the Additional Sessions Judge No. 2, Ajmer where charges under Section 148, 323, 302, 452, 323/149, 302/149 IPC were framed against the accused persons which they denied. During trial the case was transferred to the Court of Additional Sessions (Fast Track), Ajmer. Prosecution examined 12 witnesses and after recording statements of accused-persons under Section 313 Cr.P.C. and hearing arguments the accused-appellants were convicted and sentenced as aforesaid.
(3.) During pendency of appeal, appellant No. 4 Bhanwar son of Nanda and appellant No. 7-Ramlal son of Hathi died and by order dated 29.7.2009 appeal stands abated in respect of appellants No. 4 and 7.;