1. - These two appeals, though filed against different judgments, arise out of the same First Information Report No. 128/2002, lodged with Police Station Sadar Alwar, for offence under Sections 147, 148, 149, 341 and 302 IPC.

2. Originally, a charge-sheet was filed against nine accused-persons. The court of Additional Sessions Judge (Fast Track) Alwar, conducted trial only against five accused-appellants in Sessions Case No. 67/2002 (82/2002), namely, Rajkapoor, Hariram, Rajesh, Ramsingh and Dayaram. Charge-sheet against remaining four accused-persons, namely, Rohtash, Meharchand, Kamal and Rati, who were absconding, was filed with the aid of Section 299 of the Cr.P.C. On conclusion of the trial, learned trial court vide its judgment dated 02.08.2003, convicted those five accused for offences under Sections 148, 341 and 302/149 IPC. For offence under Section 302/149 IPC, they were sentenced to undergo life imprisonment with fine of Rs. 2000/- each; in default of payment of fine, to further undergo one year's rigorous imprisonment. For offence under Section 148 IPC, they were sentenced to undergo three years RI with fine of Rs. 500/- each, in default to further undergo three