JUDGMENT :

Pankaj Bhandari, J.

1. Appellants – Ram Khiladi, Kanhaiya and Satya Narain have preferred D.B. Criminal Appeal No.60/2019 and appellants – Pappu and Shriphool have preferred D.B. Criminal Appeal No.65/2019, aggrieved by the judgment of conviction and order of sentence dated 08.02.2019 passed by the Additional Sessions Judge, Gangapur City, in Sessions Case No.41/2013 (in FIR No.96/2013 registered at Police Station Bamanwas, District Sawai Madhopur) whereby the appellants have been convicted and sentenced as hereunder:-

Ram Khiladi:-

Under Section 147 IPC – Simple imprisonment for two years;

Under Section 148 IPC – Simple imprisonment for three years;

Under Sections 323/149 IPC – Simple imprisonment for one year with a fine of Rs.1000/-and in default of payment of fine, to further undergo simple imprisonment of three months; Under Section 447 IPC – Simple imprisonment for three months;

Under Section 302 IPC – Imprisonment for life with fine of Rs.25,000/-and in default of payment of fine, to further undergo simple imprisonment for three years. All the sentences were directed to run concurrently.

Kanhaiya, Satya Narain, Pappu and Shriphool:

Under Section 147 IPC – Simple imprisonment for two years;

Under Section 148 IPC – Simple imprisonment for three years;

Under Section 323/149 IPC – Simple imprisonment for one year with fine of Rs.1000/-each and in default of payment of fine, to further undergo simple imprisonment of three months;

Under Section 447 IPC – Simple imprisonment for three months;

Under Section 302/149 IPC – Imprisonment for life with fine of Rs.25,000/-each and in default of payment of fine, to further undergo simple imprisonment for three years. All the sentences were directed to run concurrently.

2. Succinctly stated the facts of the case are that complainant -Premraj (PW-1) submitted a report (Exhibit-P1) on 18.03.2013 at Police Station Bamanwas, District Sawai Madhopur, mentioning therein that on 17.03.2013 at 6:00 PM, he along with his father – Ram Kishan and brother -Muniraj, were at their Bada (compound). At that time, Ram Khiladi, Harikesh, Muniraj, Satya Narain, Pappu, Shriphool, Kanhaiya came at Bada and told that this Bada belonged to them. All of them were carrying lathis, axes and pharsas in their hands. The complainant mentioned that they started abusing and gave beating by lathis with intention to kill him. His brother and father came to save him and at the time of intervening, his brother received severe injuries on his left ear and his father also received 2-3 injuries on his head. At the time of the alleged incident, Lakhmi Chand, Ram Kishore from the neighbourhood and ladies of their family were present there to intervene and in this process, Dholi also received injury on her elbow. Rajendra, Ram Kishore and Hari Prasad took the injured persons to the hospital at Bamanwas, District Sawai Madhopur. It is also mentioned that the complainant’s father suffered serious injuries and was referred to Jaipur and he expired on the way. On the basis of the above-mentioned report (Exhibit-P1), an FIR bearing No.96/2013 (Exhibit-P2) was registered at Police Station, Bamanwas, District Sawai Madhopur for offences under Sections 147, 148, 149, 341, 323, 307, 302 of IPC.

3. The police, after due investigation, submitted the charge-sheet only against the present accused appellants. Learned Trial Court framed charges against the appellants under Sections 147, 148, 447, 323, 323/149, 302, 302/149 of IPC. The accused appellants denied the charges and pleaded not guilty. On behalf of the prosecution, as many as 21 witnesses were examined and 48 documents were exhibited. In explanation under Section 313 Cr.P.C., the accused appellants pleaded their false implication as also innocence. In defence, 5 documents were exhibited, however, no witness was examined.

4. It is contended by Mr. V.R. Bajwa, learned Senior Advocate, assisted by Mr. Amar Kumar and Ms. Savita Nathawat that in the report, which was submitted immediately