- (1.) BOTH the appeals since arising out of the same judgment were heard together and are being disposed of by the common order.
(2.) THE appellants Hari Pada Modi, Lakhiram Modi and Ram Pada Modi (all appellants in Cr. Appeal (DB) No. 1056 of 2007) and also the other appellants of Cr. Appeal (DB) No. 1023 of 2007 namely Kunwar Modi, Jagnu Modi, Pratham Modi, Lodha Modi, Kantu Modi, Kamal Modi, Balram Modi, Dharma Modi were put on trial alongwith Shibu Modi (died during pendency of this appeal) for committing murder of Jaggu Rajwar and also for making an attempt on the life of Prafulya Rajwar and Paru Rajwarin. The Court having found all the appellants guilty for committing murder of Jaggu Rajwar in furtherance of their common object convicted them under section 302/149 of the Indian Penal Code and further convicted the appellants Kamal Modi, Balram Modi and Dharma Modi for the offence under Section 324, 323 and 325 of the Indian Penal Code respectively vide judgment dated 12.07.2007 passed in Sessions Trial No. 369 of 2002. Accordingly, the trial Court sentenced all the appellants to undergo imprisonment for life and to pay a fine of Rs. 500/ - for the offence under Section 302/149 of I.P.C. and further sentenced the appellants Kamal Modi, Balram Modi and Dharma Modi to undergo imprisonment for two years six months and two years for the offences u/s. 324, 323 and 325 respectively. Dharma Modi was also sentenced to pay a fine of Rs. 500/ -. The case of the prosecution is that on 08.09.2002 at about 7.30 p.m. the appellant Kunwar Modi came to the house of the deceased Jaggu Rajwar and took him to a temple -Hari Mandir. There altercation took place in between them as some dispute arose with respect to contributions made for reconstruction of the temple. In that course appellant Lakhiram Modi and Hari Pada Modi who were having tangi with them. Ram Pada Modi, Lodha Modi and Shibu Modi having farsa and rest having lathi assaulted Jaggu Rajwar. In that course, when the informant Prafulya Rajwar -P.W. 5 and Paru Rajwarin -P.W. 6, the wife of the deceased came to rescue Jaggu Rajwar (deceased) they were also assaulted as a result of which Paru Rajwarin sustained fracture over her hand. Meanwhile, the deceased died at the spot. Thereupon, the informant and others brought the dead body to their house.
(3.) ON the next day i.e. 09.09.2002 the S.I -R.A. Khan, officer in charge of Chas Mufassil police station when came to village, recorded the fardbeyan (Ext. 2) of the informant Prafulya Rajwar -P.W. 5 wherein he narrated about the incident as has been stated above.;