KISHOR Vs. STATE

JUDGEMENT

(1.) This order shall decide the above- mentioned two criminal appeals as both these appeals have arisen out of the same incident of crime and impugn the common judgment of conviction and order of sentence dated 20.9.2003 passed by learned Additional District Judge, IInd Fast Track Court, Nainital. For facility of reference, the facts are noticed from Crl. Appeal No.296 of 2003 filed by accused Tilwa @ Til Ram, etc.

(2.) Seven accused persons, namely, Tilwa@ Til Ram, Mohan, Tara, Kishor, Rajan @ Rajendra (sons of Bhagat Ram), Mohan Ram Tamta (son of Prem Ram) and Suresh (son of Madav Ram) were tried by the Additional District Judge, IInd Fast Track Court, Nainital for committing a double murder of Ram Parsad and Suresh (son of Kishan Ram) in a riverside fracas. Accused Tilwa @ Til Ram, Mohan and Kishor (sons of Bhagat Ram) stood trial for offences under Sections 148, 302/149, 323/ 149, 504 and 506 I.P.C., whereas, accused Tara, Rajan @ Rajendra, Suresh, and Mohan Ram Tamta were tried under Sections 147, 302/149, 323/149, 504 and 506 I.P.C. Accused Mohan and Tilwa @ Til Ram (sons of Bhagat Ram) were also tried under Section 4/25 of the Arms Act.

(3.) The trial court held three accused Tilwa@Til Ram, Mohan and Kishor (all sons of Bhagat Ram) guilty under Section 302/34 and 504 IPC and sentenced each of them to life imprisonment under Section 302/34 IPC and 6 months rigorous imprisonment under Section 504 IPC. Accused Kishor was also held guilty under Section 323 IPC and sentenced to rigorous imprisonment for 6 months and to pay fine of Rs.1000/- in default whereof to further undergo imprisonment for six months. All the sentences were ordered to run concurrently. These three convicted accused were, however, acquitted of the charges under Section 148, 323/149 and 506 IPC, besides it, accused Tilwa@ Til Ram, Mohan were also acquitted of the charges framed against them under Sections 4/25 of the Arms Act while the remaining four accused Tara, Rajan @ Rajendra, Suresh and Mohan Ram Tamta were acquitted of all the charges levelled against them. The prosecution case, in brief, is that on 10.3.2001, the day of Holi festival, at about 1.00 P.M. complainant Kishor along with his friends Roshan and Naresh had gone to river for bathing in the area of Village Shivnathpur. Meanwhile, all the seven accused Tilwa@Til Ram, Mohan, Tara, Kishor, Rajan @ Rajendra (sons of Bhagat Ram), Mohan Ram Tamta (son of Prem Ram) and Suresh (son of Madav Ram) also came there for taking bath.