(1.) The appellants, accused 1 to 4, along with two others faced trial for the offences punishable under Sections 143, 147, 148, 342, 449 and 302 of the Indian Penal Code, read with Section 149 thereof. Accused 5 and 6 were acquitted and the appellants were found guilty, convicted and sentenced to undergo rigorous imprisonment for six months under Section 143, for one year under Section 148, for another term of six months under Section 342, again for two years under Section 449 and to undergo life imprisonment and to pay a fine of Rs. 10,000/-with a default sentence under Section 302 read with Section 149 IPC. This is under challenge in this appeal.
(2.) The prosecution alleged that at about 3 P.M. on 31-12-2000, the accused persons, carrying deadly weapons like M.O. 1 chopper, M.O. 2 series iron rods, M.O. 3 iron pipe and wooden sticks trespassed into the oil mill where the victim Usman alias Haneefa was working. He was sitting on M.O. 4 chair. All the accused beat him and finally, the first accused inflicted three cut injuries on his head with M.O. 1 Chopper. PWs. 1 and 2 were present at that time at the scene of occurrence. PW. 1, along with PW. 5 who came there, took him to the nearest hospital where it was declared that he was dead. PWs. 14 and 15 conducted investigation and PW. 16 laid the charges.
(3.) Appreciating the evidence on record consisting of the oral testimony of 17 wit - nesses, 18 documents and 8 material objects, the Court below came to the conclusion that the appellants/ accused 1 to 4 were guilty of the offences as meterial above and that accused 5 and 6 were entitled to the benefit of reasonable doubt as no wooden sticks alleged to be carried by them had been recovered and produced and as no attempt was made by the police to conduct test identification parade as regards the said two accused.
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