JUDGEMENT

Per Sanjay Dhar-J

1. The appellants have assailed judgment of conviction dated 30.07.2005 as also the order of sentence dated 01.08.2005 passed by the learned Additional Sessions Judge, Jammu (hereinafter to be referred as the trial court), whereby they have been convicted and sentenced for offences under sections 302, 307, 149, 451, 324 and 323 RPC. In proof of offence under section 302 read with Section 149 RPC, they have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/. In default of payment of fine, they have been directed to undergo further simple imprisonment of six months. In proof of offence under sections 307 read with 149 RPC, the appellants have been sentenced to undergo simple imprisonment for a period of 7 years and to pay a fine of Rs. 5,000/-. In default of payment of fine, they have been directed to undergo further simple imprisonment for a period of six months. In proof of offence under Sections 451 read with 149 RPC, the appellants have been sentenced to simple imprisonment for a period of one year. In proof of offence under section 324/149 RPC, the appellants have been sentenced to simple imprisonment of one year, whereas in proof of offence under section 323 read with 149 RPC, the appellants have been sentenced to imprisonment of six months. All the sentences have been directed to run concurrently. The learned trial court has also made a reference to this Court for confirmation of sentence in terms of section 374 of the Jammu and Kashmir Code of Criminal Procedure.

2. By this common judgment, we propose to decide both the appeal filed by the appellants as well as the reference made by the learned trial court. It is pertinent to mention here that during the pendency of these proceedings, appellant No. 4-Taro Devi has passed away as such, in terms of Section 431 of the Jammu and Kashmir Code of Criminal Procedure, the appeal to her extent stands abated.

3. Briefly stated, as per the prosecution case, on 14.01.1996 at about 1.30 AM PW Ram Dayal, in an injured condition, accompanied by PW Jagdish Raj approached Police Station, Akhnoor and lodged a report alleging therein that on 13.01.1996, an altercation had been taken place between appellant-Rattan Lal and deceased-Jia Lal, who happened to be the brother of PW-Ram Dayal. It was further alleged in the report that the appellants-Bachan Lal and Dharam Chand also participated in the altercation that had taken place on the issue of erection of electric poles. As per the report, the issue was resolved with the intervention of people of the locality but on the same day at about 10 PM, the appellants, who were armed with weapons, in order to seek revenge upon the complainant party, trespassed into the courtyard of the residence of deceased-Jia Lal, whereafter they launched an attack upon the complainant party. It was also alleged in the report that the appellants hurled abuses upon the complainant party including informant PW-Ram Dayal and deceased-Jia Lal, whereafter they were attacked by the appellants. Appellant-Rattan Lal was carrying an iron rod with which he inflicted blows upon the head of deceased-Jia Lal thereby causing grievous injuries to him. When informant PW-Ram Dayal tried to catch hold of appellant- Rattan Lal, he was attacked with a „Kai‟ on his head by appellant-Bachan Lal. In the meantime, PWs Shallu Ram and Khushal Chand also came on spot to rescue the injured but appellant-Dharam Paul who was carrying an iron spade with him launched an attack with it upon PWs Khushal Chand and Shallu Ram. The appellants-Taro Devi and Kamla Devi were armed with clubs and they also participated in the attack by inflicting blows upon the complainant party with clubs. In the meantime, other inhabitants of the locality came on spot and the appellants ran away from there.

4. On the basis of the above report, FIR No. 3/1996 for offences under sections 307, 451, 147, 148 and 149 RPC was registered and investigation was set into motio