YOGENDRA @ YOGESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment and order dated 3.12.2007, passed by the High Court of Rajasthan (Jaipur Bench), in Criminal Appeal No.583 of 2003, by way of which the High Court has affirmed the judgment and order dated 8.4.2003, passed by the learned Additional District and Sessions (Fast Track) Judge No.1, Bharatpur, so far as the appellants are concerned. The Trial Court therein, had convicted 9 accused, including the present 5 appellants as under:-

(2.) The High Court has modified the judgment and order of the Trial Court, dismissing the appeal of some of the appellants and convicting Sita Ram, Ranveer, Yogendra, Ramveer and Balla. Sita Ram and Ramveer have been convicted under Section 302/149 IPC, instead of Section 302 IPC, and the sentences awarded to them have remained the same. Their conviction under Section 307/149 IPC and under Section 3/25 of the Arms Act have remained intact. Conviction and sentence of Yogendra, Ranveer and Balla under Section 302/149 IPC and 307/149 IPC, and of Ranveer and Yogendra under Section 3/25 Arms Act have remained intact. However, they have been acquitted of the charge under Section 148 IPC. The appeals of the other accused persons, namely, Ratan Singh, Kalwa, Ghambhir Singh and Paras Ram were allowed.

(3.) Facts and circumstances giving rise to this appeal are that:-