- (1.) SINCE all the aforesaid four Cr.Appeals arose out of the same impugned order they were tagged together so that the same be heard together and be disposed of by the common order.
(2.) THE Cr.App.(S.J) No.1227 of 2004, Cr.App.(S.J) No.1233 of 2004 and Cr.App.(S.J) No.1241 of 2004 are being pressed on the ground that the parties have compromised the case but in Cr.App.(S.J) No.1315 of 2004, the parties have not entered into a compromise and therefore, Cr.App. (S.J) No.1315 of 2004 is hereby separated from other three appeals. All the aforesaid three appeals are directed against the judgment of conviction dated 16.7.2004 passed in Sessions Trial No.563 of 1995 as well as order of sentence whereby all the appellants were convicted for the offences under Sections 452, 147 and 323/149 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for three years, one year and six months respectively for the offences under Section 452, 147 and 323/149 of the Indian Penal Code.
(3.) THE case of the prosecution is that in the evening of 25.9.1994 the appellant Raju Julka came along with one boy and after ascertaining that the house belongs to Yuvaraj went away. Subsequently, at 8.45 p.m. Indra Kumar Julka, his son Samair Julka and Raju Julka along with 5 -6 boys came in their Ambassador car in drunken state and got down from it and then entered into the house and started searching for the informant, Manmohan Krishna (P.W.2) with a view to kill him. When they came across with the informant, all the accused persons started assaulting him. In that course, the appellant, Raju Julka opened fire upon the informant from his pistol but it got misfired. Meanwhile, when the family members Sunil Kumar Mahendru (P.W.3) and Rakesh Kumar (P.W.1) tried to rescue the informant, they were also assaulted, as a result of which, they received injuries. In that course, one of the accused in order to kill the informant's niece Sushma, throttled her neck. While this was happening, alarm was raised, as a result of which, local people assembled over there and then accused persons started fleeing from there. However, one of the accused Jatin Sahay was apprehended, who disclosed the name of his associates.;