GOVERDHAN BARDHAR,J. - (1.) Challenge in the instant criminal appeal has been made by the appellants to the judgment of conviction and sentence dated 25.01.2014 passed by the Court of learned Additional District and Sessions Judge No.18, Jaipur Metropolitan [for short 'the learned trial Court'] in Sessions Case No.(84/12) 21/12, State of Rajasthan vs. Krishna Kumar, whereby the learned trial Court has convicted and sentenced the appellants as under:- U/s.302 IPC: Life imprisonment and fine of Rs.10,000/-, in default of payment of fine to further undergo six months simple imprisonment. U/s.307 IPC: Ten years rigorous imprisonment and fine of Rs.10,000/-, in default of payment of fine to further undergo six months simple imprisonment. U/s.341 IPC: One month imprisonment. U/s.324 IPC: Two years rigorous imprisonment and fine of Rs.5,000/-, in default of payment of fine to further undergo two months simple imprisonment. All the sentences were ordered to run concurrently.
(2.) Facts of the case in nutshell are that on 05.03.2012 injured PW-1 Dinesh Saini gave a Parcha-bayaan (Ex.P1) in Polytrauma Ward, SMS Hospital, Jaipur, which was recorded by PW12 Shri Jagdish Prasad, Sub Inspector, Police Station Amer, to the effect that he had studied upto class X. He had a shop in Kunda Amer in the name of Akash Electricals. On that day, at about 7-7:30 p.m. he received call from Mukesh Saini on his mobile phone that a quarrel had taken place with Ramu Meena and he was in Amer Hospital. Thereupon, he along-with Mukesh Saini, Pawan Saini and Kailash Meena came to his shop and from there they went to Amber Hospital on motorcycles. Their friend Ramu Meena was not found there. While they were returning to Kunda, on the way, in front of Amer police station, three boys had blocked the road. These boys were Kishan Meena, Gajendra and Madan. When they reached near the boys, all of them attacked them with intention to kill. Firstly, Kishan Meena attacked with a knife on the person of Pawan Saini. Before they could comprehend, Kishan Meena started attacking him with a knife. One blow was given on his chest, another on waist, two injuries were given on left hand and on the head. Gajendra and Madan caught hold of Pawan (since deceased) and him. Kishan, Madan and Gajendra had a fight with Ramu and his family and due to this enmity they had attacked them. On reaching hospital he came to know that due to injuries caused with knife, Pawan had died.
(3.) On the basis of aforesaid Parcha-bayan (Ex.P1), FIR No.85/2012 (Ex.P2) was registered at Police Station Amer, District Jaipur (North) for the offences under sections 341, 307, 302 and 34 IPC. The police after investigation submitted charge-sheet against the accused persons for the offences under Sections 341, 307, 302, 324, 34 IPC and section 4/25 of the Arms Act in the Court concerned.;