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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR

BENCH JAIPUR

JUDGMENT

D.B. Criminal Appeal No. 204/2010

Shyam Sunder @ Shyam Nagar & Ors. vs. State of Rajasthan

with

D.B. Criminal Appeal No. 175/2010

Mahaveer Gauttam vs. State of Rajasthan

Date of Judgment: 14^th January, 2016

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

HON'BLE MR. JUSTICE PRAKASH GUPTA

Appeal No. 204/2010

Mr. Suresh Sahani with

Mr. R.M. Sharma, for the accused appellants.

Mr. Alladdeen Khan, Public Prosecutor for the State.

Appeal No. 175/2010

Mr. Sanjay Mehrishi, for the accused appellant.

Mr. Alladdeen Khan, Public Prosecutor for the State.

By the Court:(Per Ahluwalia, J.) Oral:

To welcome new year, on the eve of new year, young persons

in a new year revelry over the priority to have food served at a Dhaba,

caused injuries leading to death of one Yatindra Singh and injuries to

Mahaveer Meena (P.W.2) and Gajendra Singh (P.W.5). Kuldeep Sardar,

the author of the fatal injury to Yatindra Singh, is absconding and till

today has not been apprehended.

The investigating agency, on the basis of written report

(Exhibit-P/3) presented by Braj Raj Singh (P.W.3) before Salauddin

(P.W.18) had registered a formal FIR (Exhibit-P/31). In the said FIR,

along with Kuldeep Sardar resident of Rampura, Shyam Sunder @ Shyam

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Nagar, Rajesh @ Sonu, Mahaveer Gauttam and Ramavtar Meena were

nominated as accused. Since the Investigating agency could not arrest

Kuldeep Sardar, the investigation agency presented the charge-sheet

against Shyam Sunder @ Shyam Nagar, Rajesh @ Sonu, Ramavtar and

Mahaveer Gauttam. The charge-sheet so filed was committed to the

court of Sessions and was entrusted for trial to Additional Sessions Judge

(Fast Track) No.1, Kota. The said court, on 24.5.2007 formulated the

charges. The accused, Shyam Sunder @ Shyam Nagar, Rajesh @ Sonu,

Ramavtar and Mahaveer Gauttam were charged for the offences under

Sections 148, 323/149, substantively for the offence under Section 324 in

alternate for offence under Section 324/149, substantively for offence

under Section 307, in alternate for offence under Section 307/149 and

substantively for offence under Section 302 and in alternate for offence

under Section 302/149 IPC. The appellants were also charged for the

offence under Section 4/25 of Arms Act. The trial court vide impugned

judgment dated 1.2.2010 held the appellants guilty of offence under

Sections 148, 323/149, 324/149, 307/149, 302/149 IPC and Section 4/25

of Arms Act.

Having convicted the appellants for the above said offences,

the trial court sentenced the appellants as under:-

U/s. 302/149 IPC- to undergo life imprisonment, and to pay a fine of

Rs.5,000/- each, in default of payment of fine to further undergo

additional five months S.I.

U/s. 307/149 IPC- to undergo ten years R.I., and to pay a fine of

Rs.5,000/- each, in default of payment of fine to further undergo

additional five months S.I.

U/s. 324/149 IPC- to undergo three years R.I., and to pay a fine of

Rs.2,000/- each, in default of payment of fine to further undergo

additional two months S.I.

U/s. 323/149 IPC- to undergo six months R.I. and to pay a fine of

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Rs.1,000/- each, in default of payment of fine to further undergo

additional one month S.I.

U/s. 148 IPC- to undergo two years R.I., and to pay a fine of Rs.2,000/-

each, in default of payment of fine to further undergo additional two

months S.I.

U/s 4/25 of Arms Act- to undergo one year S.I. and to pay a fine of

Rs.500/-each, in default of payment of fine to undergo additional fifteen

days S.I.

Aggrieved against their conviction and sentence, Shyam

Sunder @ Shyam Nagar, Rajesh @ Sonu and Ramavtar have instituted D.B.

Criminal Appeal No. 204/2010, whereas Mahaveer Gauttam has preferred

D.B. Criminal Appeal No. 175/2010. Both the appeals are directed

against the same judgment of conviction rendered and order of sentence