(1.) SATYA Prakash, his wife Saroj and his sons, Raj Kumar @ Raju and Harish have challenged the judgment and order dated 2.8.2001 convicting them for the offence punishable under Section 302/34 IPC; 307/34 IPC and for the offence punishable under Section 452 IPC. For the offence of murder they have been directed to undergo imprisonment for life. For the offence punishable under Section 307 IPC they have been directed to undergo imprisonment for 10 years and for the offence punishable under Section 452 IPC they have been directed to undergo imprisonment for 5 years. All sentences have been directed to run concurrently.
(2.) THE charge of murder related to the death of Ajay son of Ram Singh. The charge of attempt to murder related to the assault on Ram Singh. The charge pertaining to Section 452 IPC related to committing house trespass in the house of Ram Singh after making preparation for causing hurt to Ram Singh.
(3.) AT the hearing of the appeal, learned Counsel for the parties had agreed that the fate of the appeal needs to be decided on the testimony of Ram Singh and the defence of the appellant taken at the very beginning i.e. Ram Singh and his son were the aggressors. That an incident did take place on 11.9.1997 in which Ram Singh, Ajay and Satya Prakash sustained injuries was admitted.