K.S. Chaudhari, J. - (1.) - This appeal has been filed against the judgment dated 18.2.2003 1 passed by Additional Sessions Judge No. 2 (Fast Track) Kota in Sessions Case No. 48/2001, by which he convicted accused-appellant Nathu Lal under Section 302 IPC and other accused-appellants Ram Gopal, Chittar Lal, Gopi Lal, Nathu Lal and Gordhan Lal under Section 302/149 IPC and sentenced 5 each accused to undergo life imprisonment and fine of Rs. 5,000/-, in default of payment of fine, to further undergo five months imprisonment and further convicted accused-Gordhan Lal under Section 325 IPC and other accused-appellants under Section 325/149 IPC and sentenced each accused to undergo three years rigorous imprisonment and fine of Rs. 3,000/-, in default of payment of fine, to further undergo three months imprisonment and further convicted all accused-appellants under Section 323 IPC and sentenced each accused to undergo six months simple imprisonment and fine of Rs. 500/-, in default of payment of fine, to further undergo 15 days imprisonment.
(2.) Brief facts of the prosecution case are, that PW2-Prem Bihari alongwith PW1-Sukhlal lodged FIR Ex.P/1 on 5.7.1998 at 2.00 a.m. and stated that six bighas land in Khasra Nos. 124 and 130 of Village-Kakaravada belonged to his mother's sister-Gulab Bai, but after the death, this land was recorded in his name. After her mother's sister death, since last three years his land was being cultivated unauthorisedly by Nathulal, Bajrang Lal and K.S. Chaudhari, J. babulal Lashkari. This year he gave this land to Sukhlal for cultivation for one year. On 5.7.98 at 6.00 p.m. he alongwith Sukh Lai and Bhanwar Lal went on his land and were returning back after tilling by tractor, at 8.30 p.m. Nathu, Chhitar, Gordhan, Gopi Lal, Bajrang Lal Mangi Lal, Bhanwar Lal, and Gopal : Lashkari met them in the way near the field of Onkar Das and stopped their tractor. Chhitar Lal was armed with Kulhari, Nathu Lal with Khutia and others with lathis and with intention to kill all of them, accused-persons started beating them on account of which they received injuries. Hira Bai and Rukmani were also armed with lathis. All of them received injuries on various parts of bodies and this occurrence was also seen by Ghanshyam and Keshav Lal. On this report case under Sections 147, 148, 149, 323, 341, 307 IPC was registered and during investigation, injured Bhanwar Lal died and Section 302 IPC was added and after completion of investigation, challan under Sections 147, 148, 149, 307, 325, 323, 302 IPC was filed against accused-appellants in the Court of Civil Judge (Jr. Division) & Judicial Magistrate, Sangod. Case was committed to the Court of Sessions Judge, Kota and charges under Sections 148, 323, 325/149, 302 in the alternate 302/149 IPC were framed against accused-persons to which they denied. During trial, the case was transferred to Additional Sessions Judge No. 2 (Fast Track), Kota. Prosecution examined 17 witnesses and after recording statement of accused persons under Section 313 Cr.P.C. and hearing arguments, the accused-appellants were convicted and sentenced as aforesaid.
(3.) Heard learned counsel for the parties and perused the record.;