SANDEEP MEHTA,J. - (1.) The appellants herein have been convicted and sentenced as below vide judgment dated 08.10.2015 passed by the learned Additional Sessions Judge No.2, Bhilwara in Sessions Case No.01/2012: Rajveer Singh @ Raju Offences Sentences Fine Fine Default sentences Section 302 IPC Life Imprisonment Rs.3,000/- 3 Years' R.I. Section 307/34 7 Years' R.I. Rs.1,000/ 1 Year's R.I. IPC Section 452 IPC 5 Years' R.I. Rs.500/- 3 Months' R.I. Section 326/34 7 Years' R.I. Rs.1,000/ 1 Year's R.I. Section 341 IPC 1 Month's R.I. Section 323 IPC 1 Year's R.I. Section 4/25 of 1 Year's R.I. Rs.500/- 3 Months' R.I. the Arms Act All the substantive sentences were ordered to run concurrently. Ajayveer Singh and Kuldeep Singh @ Lalya Offences Sentences Fine Fine Default sentences Section 302/34 Life Imprisonment Rs.3,000/- 3 Years' R.I. IPC Section 307/34 7 Years' R.I. Rs.1,000/ 1 Year's R.I. IPC Section 452 IPC 5 Years' R.I. Rs.500/- 3 Months' R.I. Section 326/34 7 Years' R.I. Rs.1,000/ 1 Year's R.I. Section 341 IPC 1 Month's R.I. Section 323 IPC 1 Year's R.I. All the substantive sentences were ordered to run concurrently.
(2.) Brief facts relevant and essential for disposal of the appeal are noted herein below:
(3.) Krishan Gopal (PW-3), the complainant of the case herein, was admitted to the Mahatma Gandhi Hospital, Bhilwara on 23.06.2012. His Parcha Bayan (Ex.P/37) was recorded by Navratan Singh, ASI of the Police Station Kachhola at 06.40 pm., wherein, Krishan Gopal alleged that he and his brother Satyanarayan were sitting at their shop located beside the park near the Kachhola circle on 23.06.2012 at about 3 O' Clock in the afternoon. At that time, Rajveer Singh son of Banveer Singh, Ajayveer Singh son of Vikram Singh, Karan Singh son of Banveer Singh, Banveer Singh son of Fauj Singh, Dharamveer Singh son of Banveer Singh, Yudhveer Singh son of Banveer Singh and 2-3 other unknown persons came there. They entered the shop, pulled Satyanarayan out and assaulted him by knives, guptis and sticks. Multiple blows were landed on the person of Satyanarayan. The complainant rushed out and tried to save his brother on which, he too was assaulted and in the process, he got injuries on his legs, head and other parts of his body. Santosh Devi Khatik, a vegetable vendor, who was sitting outside their shop, also tried to intervene on which, she too was beaten. The bystanders came around to save the victim upon which, the assailants ran away wielding their weapons and threatening that any person, who bore enmity with them, would meet the same fate. The complainant further alleged that the assailants were bearing an ill-will with his family because some time earlier, Rajveer had indulged in eve- teasing his niece Mamta to which, they protested and because of that enmity, the incident was perpetrated. Satyanarayan expired while being taken to the hospital owing to the injuries. He and Santosh were admitted to the Mahatma Gandhi Hospital in an injured condition.;