Honble BALI, J.–Intervening night of 28th and 29.06.2001 turned out to be a blackest night for a small village Railgaon located in District Kota when vast number of persons including the appellants herein, in their frenzy touching madness killed Purshottam, Ram Kumar, Kalu, Lokendra and Heera Lal. For this carnage said to have been indulged by vast number of persons, appellants and 12 others were tried for various offences culminating into capital sentence to Mohan Lal, Yuvraj, Hansraj sons of Ram Narayan, Hansraj and Radhey Shyam sons of Gopal and Modu Nath son of Dheeru Nath, vide order of conviction and sentence dated 11.3.2003 and 13.3.2003 respectively. The appellants named above have been held guilty and sentenced for various offences as mentioned below:

U/S. 148 IPC - Three years R.I. and a fine of Rs. 500/- (in default of payment of fine, six months R.I.)

U/S. 427 IPC - 2 years RI and a fine of Rs. 500/- (in default of payment of fine, further RI for 6 months).

U/S. 342 IPC - 1 years RI and a fine of Rs. 500/- (in default of payment of fine, further RI for 3 months).

U/S. 460 IPC - 10 years RI and a fine of Rs. 2,000/- (in default of payment of fine, further RI for one year).

U/S. 302 IPC death sentence by handing from neck till such time they die (To be hanged by neck till death)

(2). The appellants named above (Mohan Lal, Yuvraj and Hansraj sons of Ram Narayan, Hans Raj son of Gopal, Radhey Shyam son of Gopal and Modunath son of Bheru Nath have challenged the order of conviction and sentence by filing Appeal bearing No. 464/2003 Mohan Lal and others vs. State of Rajasthan.

(3). Out of eleven others who have been held guilty and accordingly sentenced, as mentioned above, Lal Chand @ Ram Niwas son of Birdhilal, Revadi Lal son of Kishore, Ghanshyam and Radhey Shyam sons of Prahald who have been sentenced as mentioned below have filed criminal appeal bearing No. 670/2003.

U/S. 148 IPC - Three years R.I. And a fine of Rs. 500/- (in default of payment of fine, six months R.I.)

U/S. 427 IPC - 2 years RI and fine of Rs. 500/- (in default of payment of fine, further RI for 6 months).

U/S. 342 IPC - 1 year RI and a fine of Rs. 500/- (in default of payment of fine, further RI for 3 months).

U/S. 460 IPC - 10 years RI and a fine of Rs. 2,000/- (in default of payment of fine, further RI for one year).

U/S. 302/149 IPC - Life imprisonment and a fine of Rs. 2000/- (in default of payment of fine, further RI for one year).

(4). Appellants Dhanpal, Kanhaiya and Nawal sons of Ram Pratap, and Ramlal son of Ram Narain, another four out of eleven, who have been held guilty for various offences as mentioned below, have filed criminal appeal bearing No. 621/2003:

U/S. 148 IPC - Three years R.I. and fine of Rs. 500/- (in default of payment of fine, six months R.I.)

U/S. 427 IPC - 2 years RI and fine of Rs. 500/- (in default of payment of fine, further RI for 6 months).

U/S. 342 IPC - 1 year RI and a fine of Rs. 500/- (in default of payment of fine, further RI for 3 months).

U/S. 460 IPC - 10 years RI and a fine of Rs. 2,000/- (in default of payment of fine, further RI for one year).

U/S. 302/149 IPC - Life imprisonment and a fine of Rs. 2000/- (in default of payment of fine, further RI for one year).

(5). Remaining three appellants, out of the eleven, namely Babulal son of Dev Lal, Mangilal son of Baldev and Radhey Shyam son of Shankar Lal, who have been held guilty for various offences as mentioned below, have filed criminal appeal No. 520/2003:

U/S. 148 IPC - Three years R.I. and a fine of Rs. 500/- (in default of payment of fine, six months R.I.).

U/S. 427 IPC - 2 years RI and a fine of Rs. 500/- (in default of payment of fine, further RI for 6 months).

U/S. 342 IPC - 1 year RI and a fine of Rs. 500/- (in default of payment of fine, further RI for 3 months).

U/S. 460 IPC - 10 years RI and a fine of Rs. 2,000/- (in default of payment of fine, further RI for one year).

U/S. 302/149 IPC - Life imprisonment and a fine of Rs. 2000/- (in default of payment of fine, fu

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