Honble SHARMA, J.–The appellants were the accused on the file of the learned Additional Sessions Judge Aklera (Distt. Jhalawar) bearing Sessions Case No. 16 of 1996. They were found guilty, convicted and sentence as under-

Name of the accused appellant Convicted under Section Sentenced awarded

1. Kanwar Lal S/o Mohan Lal 302/149 IPC Death sentence and fine of Rs. 5000/- (in default to undergo one year RI)

2. Mangilal S/o Mohan Lal ^

3. Harak Chand @ Harchand s/o Kanwar Lal ^

4. Pyarji S/o Kanwar Lal 148 IPC One year RI and fine of Rs. 1000/- (in default to further undergo one months RI)

5. Gangaram S/o Ram Ratan

6. Hari Singh S/o Ram Ratan

7. Sheo Singh S/o Ram Ratan

8. Chhitar S/o Hari Kishan Three months RI and fine of Rs. 1000/- (in default to further undergo one month RI)

9. Nenu Lal S/o Issar

10. Chhitar S/o Mangi Lal

11. Shyam Lal S/o Amar Singh 325/149 IPC Five years RI and fine of Rs. 1000/- (in default to further undergo one month RI)

323/149 IPC Six months RI and fine of Rs. 1000/- (in default to further undergo one month RI)

12. Har Kishan S/o Shyam Lal 302/149 IPC Life imprisonment & fine of Rs. 5000/- (in default to undergo one year RI)

13. Chhitar S/o Mangi Lal Dabri ^

14. Gulab Chand S/o Kanwar Lal 148 IPC One year RI and fine of Rs. 1000 (in default to further undergo one month RI)

15. Sunder Lal S/o Issar

16. Nathu Lal S/o Dhuli Lal

17. Nenu Lal S/o Dhuli Lal 342 IPC Three months RI and fine of Rs. 1000/- (in default to further undergo one month RI)

18. Bhura S/o Babru

19. Phool Chand S/o Babru

20. Babu Lal s/o Babru 325/149 IPC Five years RI and fine of Rs. 1000/- (in default to further undergo one month RI)

21. Daula s/o Babru

22. Kanwar Lal s/o Prabhulal

23. Phool Chand @ Phool Singh s/o Mangilal 323/149 IPC Six months RI and fine of Rs. 1000/- (in default to further undergo one month RI)

24. Nathu s/o Amarji

All the sentence were directed to run concurrently.

(2). Learned Additional Sessions Judge Aklera made reference (bearing Death Reference No. 2/1999) under Section 366 Cr.P.C. for confirmation of death sentence awarded to accused appellants Kanwar Lal s/o Mohan Lal, Mangi Lal s/o Mohan Lal, Harak Chand @ Harchand s/o Kanwar Lal, Pyarji s/o Kanwar Lal, Gangaram s/o Ram Ratan, Hari Singh s/o Ram Ratan, Sheo Ram s/o Mangilal, Chhitar s/o Hari Kishan, Nenu Lal s/o Issar, Chhitar s/o Mangi Lal Chauhan and Shyam Lal s/o Amar Singh, who also assailed the findings of the learned trial Judge alongwith thirteen others, by preferring two appeals under section 374(2) Cr.P.C. bearing Nos. D.B. Cr. (Jail) Appeal No. 749/1999 and D.B. Criminal Appeal No. 761/1999. During the pendency of these appeals, another appeal by all the twenty four appellants was filed which was treated as defective and entered as D.B. Criminal Appeal (Defect) No. 508/1999). We ordered to tag it with the other appeals.

(3). In view of provisions contained in sections 366 and 368 Cr.P.C. we straight away proceed to analyse the entire material on record. It will be apposite to note at the outset the salient features of the prosecution case laid against the appellants. Written report (Ex.P.21) came to be lodged by informant Badri Lal S/o Shyam Lal (PW.18) with the Police Station Javar at 7.30 p.m. on October 22, 1992 with the averments that as many as 24 persons (named in the report) who belonged to village Parthipura armed with weapons like lathi, Kalsi, Ballam and sword, started beating them and killed Daula s/o Shyam Lal, Ram Ratan s/o Shyam Lal, Phool Singh s/o Shyam Lal and Hari Singh s/o Shyam Lal. Informant Badri Lal and Kalu sustained injuries. Witnesses Amar Singh, Mangi Lal and Amar Singh Gujar of village Parthipura who were present there, intervened in between. Police Station Javar registered a case bearing No. 85/92 under Sections 147, 148, 149, 341, 323 and 302 IPC and investigation commenced. FIR (Ex.P.22) was sent to Judicial Magistrate Aklera. Panchanama of the dead bodies of all the four deceased were drawn and autopsy of

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