Kanwaljit Singh Ahluwalia, J. - (1.)Ramesh S/o. Shivlal, Sandeep Langda S/o. Badshah, Bhata Singh S/o. Kishanlal and Vikram Singh S/o. Bhairu Singh had presented the present appeal through Jail to assail the impugned judgment dated 20.11.2007 whereby the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur held Sandeep Langda guilty of offences under Ss. 302, 341 IPC and remaining three accused Ramesh, Bhata Singh and Vikram Singh guilty of offence under Sec. 302/34, 341 IPC. Accused Ramesh was also convicted for offence under Sec. 382 IPC. Having convicted the above appellants for the above said offences, the trial court vide a separate impugned order of even date sentenced them as under: - -
"Accused, Sandeep Langda

"U/s. 302 IPC: Life imprisonment, to pay a fine of Rs. 2000/ - and in default thereof to undergo one month simple imprisonment.

U/s. 341 IPC: One month simple imprisonment.

Accused, Bhata Singh and Vikram Singh

"U/s. 302/34 IPC: Life imprisonment, to pay a fine of Rs. 2000/ - and in default thereof to undergo one month simple imprisonment.

U/s. 341 IPC: One month simple imprisonment.

Accused, Ramesh

"U/s. 302/34 IPC: Life imprisonment, to pay a fine of Rs. 2000/ - and in default thereof to undergo one month simple imprisonment.

U/s. 341 IPC: One month simple imprisonment.

U/s. 382 IPC: Three years simple imprisonment, to pay a fine of Rs. 2000/ - and in default thereof to undergo one month simple imprisonment.

(All the sentences were ordered to run concurrently)"

(2.)Bhata Singh besides a Jail appeal had also presented D.B. Criminal Appeal No. 583/2008 through counsel. Bhata Singh died during pendency of the appeal and a coordinate Bench on 6.1.2009 had disposed of D.B. Criminal Appeal No. 583/2008 by holding that the appeal has abated. Therefore, now due to death of Bhata Singh, we are left only with three appellants, namely Sandeep Langda, Ramesh and Vikram Singh.
(3.)Case of the prosecution in nutshell is that all the four accused with common intention on 4.7.2006 gave fist and kick blows to deceased Gogin @ Gagan, caste Burman Bengali, r/o District Kooch Bihar and Sandeep Langda had given a solitary blow on the head of deceased Gogin @ Gagan Burman with a wooden plank.