G. R. MOOLCHANDANI, J. - (1.) Appellants have filed this appeal challenging their conviction and sentence ordered by the trial court vide judgment/order dated 8.9.2016, as under:-
(2.) Accused Sawai Ram, Balabux, Hanuman and Kailash: U/s. 302/34 IPC: to undergo life imprisonment and to pay a fine of Rs. 5000/-; in default of payment of fine to further undergo additional one month rigorous imprisonment. U/s. 325/34 IPC: to undergo three years rigorous imprisonment and to pay a fine of Rs. 1000/-; in default of payment of fine to further undergo additional fifteen days rigorous imprisonment. U/s. 323/34 IPC: to undergo six months rigorous imprisonment. U/s. 341 IPC: to undergo fifteen days simple imprisonment. Accused Sawai Ram: U/s. 323 IPC: to undergo six months rigorous imprisonment.
(3.) Prosecution story was set in motion on the basis of report Exhibit-P/22 lodged by complainant Ramcharan. On the basis of report Exhibit-P/22, formal FIR Exhibit-P/23 bearing No. 151 dated 27.10.2012 was registered at Police Station Diggi, District Tonk for the offences under Sections 143, 148, 149, 323 and 307 of Indian Penal Code, 1860. Prosecution story, in brief, as per the FIR was that on 27.10.2012 at about 8:00 AM, complainant was going to his fields to bring fodder. When he reached near the house of Sheoji, he was abused and attacked by Shri Ram and Sawai Ram. Accused inflicted injuries on the head of the complainant with iron chain and axe. Complainant was rescued by the villagers and both the accused threatened that they would finish his family members. Thereafter, Shri Ram, Sawai Ram, Sheoji, Balabux, Sita Ram, Bhanwarlal, Netram, Dinesh, Hanuman, Kailash, Chhitar and Rameshwar in conspiracy with each other attacked the father and uncle of the complainant while armed with sticks, iron rods and axe. Nanu Lal succumbed to his injuries on 28.10.2012. Thereafter, offence under Section 302 IPC was added in the FIR. ;