Honble SHARMA, J.–Sukh Chand and Mangi Lal, the appellants herein, were tried before the learned Additional Sessions Judge (Fast Track) Bandikui District Dausa in Sessions case No. 37/2001. Learned Judge vide judgment dated December 19, 2002 convicted and sentenced them as under:–

Sukh Chand:

U/s. 302 IPC:

To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer simple imprisonment for three months.

Mangi Lal:

U/s. 302/34 IPC:

To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer simple imprisonment for three months.

U/s. 323 IPC:

To suffer simple imprisonment for one year.

The substantive sentences were ordered to run concurrently.

(2). It is the prosecution case that in the intervening night of June 27 and 28, 1999 around 2 AM While Ghamandi (since deceased) and his family members were sleeping in the open chowk of their house, appellants Sukh Chand and Mangi Lal came over there. Sukh Chand dealt with a blow with axe on the head whereas Mangi Lal inflicted Lathi blow on the back of Ghamandi. Hearing hue and cry when Parsadi and Shrawan Lal intervened, they were also beaten up. Informant Kalu Ram (Pw.6) reported the matter to Police S

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