Advocates:
['SURESH SAHNI', '', 'R M SHARMA', 'SUDESH SAINI P P', '', 'VIPUL JAIMAN', 'S S SUNDA', 'KAMLENDRA SIHAG', 'DHARAMVEER THOLIA']

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

D.B. Criminal Appeal No. 1055 / 2009

1. Deepu @ Deepala @ Deegpal Singh son of Shri Yogendra Singh,

by caste Rajput, resident of Jherali, police station Pilani, District

Jhunjhunu.

2. Satish Kumar son of Shri Sanwar Mal, by caste Meena, resident

of Jherali, police station Pilani, District Jhunjhunu.

3. Narendra Kumar @ Fauji son of Shri Dayanand, by caste Jat,

resident of Lebor Khedi Badi, police station Rajgarh, District

Churu.

(All are presently lodged in Central Jail at Jaipur)

----Appellants-accused

Versus

State of Rajasthan through public prosecutor.

----Respondent

Connected With

D.B. CRIMINAL APPEAL No. 1221 / 2009

State Of Rajasthan

----Appellant

Versus

1. Deepu @ Deepla @ Digpal Singh S/o Yogendra Singh, by caste

Rajput, R/o Jherli P.S. Pilani District Jhunjhunu (Raj.).

2. Satish Kumar S/o Sanwarmal Meena, by caste Meena, R/o Jherli

P.S. Pilani Distt. Jhunjhunu (Raj.).

3. Dinesh Singh @ Tinku S/o Rajendra Singh, by caste Rajput, R/o

Thirpali Badi, P.S. Hamirwas District Churu (Raj.).

4. Satyaveer S/o Subhashram, by caste Jat, R/o Sura Ki Dhani Tan

Neema, P.S. Hamirwas, at present R/o Jherli P.S. Pilani Distt.

Jhunjhunu (Raj.).

5. Narendra Kumar @ Fauji S/o Dayanand, by caste Jat, R/o Labor

Khedi Badi, P.S. Rajgarh Distt. Churu (Raj.).

6. Surendra Singh S/o Ishwar Ram, by caste Jat, R/o Neshal

Chhoti, P.S. Hamirwas Distt. Churu (Raj.).

(2 of 22)

[CRLA-1055/2009]

7. Anil Kumar S/o Juglal, by caste Jat, R/o Jherli P.S. Pilani District

Jhunjhunu (Raj.).

Accused-respondents

_____________________________________________________

For Appellant(s) : Shri Suresh Sahni with Shri R.M. Sharma

For Respondent(s) : Shri Sudesh Saini, Public Prosecutor

Shri Kamlendra Sihag for complainant

Shri Amit Punia for respondent no.6.

Shri Vipul Jaiman on behalf of Shri S.S.

Sunda for respondent nos.3, 4 and 7

_____________________________________________________

HON'BLE MR. JUSTICE MOHAMMAD RAFIQ

HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI

Judgment

31/03/2017

(PER HON’BLE MOHAMMAD RAFIQ, J.)

These appeals are directed against the judgement dated

4.8.2009 passed by Additional Sessions Judge (Fast Track) No.2,

Jhunjhunu in Sessions Case No.51/2008 (87/2008). Appeal

no.1055/09 has been filed by accused-appellants Deepu @

Deepala @ Deegpal Singh, Satish Kumar and Narendra Kumar @

Fauji challenging their conviction for offence under Section 302

read with Section 149 IPC, sentencing each of them to life

imprisonment with fine of Rs.2000 and in default of payment of

fine, they were to further undergo simple imprisonment of six

months each. Each of the accused-appellants were also convicted

for offence under Section 307 read with Section 149 IPC and

sentenced to rigorous imprisonment of five years each with fine of

Rs.1,000 in default of payment of fine, they were to further

(3 of 22)

[CRLA-1055/2009]

undergo simple imprisonment of three months. They were also

convicted under Section 148 IPC and sentenced to rigorous

imprisonment of two years with fine of Rs.1,000 each, in default of

payment of fine, they were to further undergo simple

imprisonment of three months. Accused-appellant Deepu @

Deepala @ Deegpal Singh & Narendra Kumar @ Fauji were

convicted for offence under Section 5/27 of the Arms Act and

sentenced to rigorous imprisonment of three years with fine of

Rs.1,000 and in default of payment of fine, they were to further

undergo simple imprisonment of one month. All the sentences

were ordered to run concurrently. Appeal no.77/2017 has been

filed by the Stat