RAHUL & OTHERS Vs. STATE

JUDGEMENT

(1.) Since common questions of law and facts are involved in the above numbered criminal appeals, hence the same are being taken up together and adjudicated by this common judgment. In order to maintain clarity, the facts of Criminal Appeal No.293 of 2011 have been taken into consideration.

(2.) These appeals are directed against the judgment and order dated 21.10.2011, rendered by learned Additional Sessions Judge/6th FTC, Dehradun in Sessions Trial No.89 of 2005, whereby the accused-appellants, were charged with and tried for the offences under Section 302 of IPC read with Sections 147 and 149 of IPC. The accused were convicted and sentenced to undergo life imprisonment under Section 302 read with Section 149 of IPC and to pay a fine of Rs.50,000/- (each) and in default of payment of fine to undergo additional imprisonment for three years. They were further convicted and sentenced to undergo rigorous imprisonment for a period of two years each under Section 147 of IPC and to pay a fine of Rs.5,000/- (each) and in default of payment of fine to undergo additional imprisonment for a period of six months. All the sentences imposed under the aforesaid sections were directed to run concurrently.

(3.) The case of the prosecution, in a nutshell, is that PW1 Sri Krishna has lodged a complaint on 07.05.2005 vide exhibit A-1. According to the averments contained in the FIR, a feast was organized by Birble on 06.05.2005 in the locality for celebrating his son's marriage. His brother Sonu and his nephew Ravi also went to attend the feast. A quarrel took place with Rahul over the issue of spoon. The matter was pacified. Around 11:00 PM, Sonu, Ravi, Chandan, Pappu and Hemant went to buy cigarette from the shop of Wasim. Rahul, Bablu, Raja, Shiv Prasad, Guruprasad, Anish, Wasim, Jai Karan and Mukesh and 3-4 more persons, armed with cricket bat and sticks started giving beatings these persons. Sonu and his nephew Ravi have received multiple injuries. Ravi Kumar was declared dead. Sonu was referred to CMI Hospital. His condition was serious. The body was sent for postmortem examination. The FIR was lodged. The matter was investigated and the challan was put up after completing all the codal formalities. The prosecution has examined as many as ten witnesses in its support. The statements of the accused were recorded under Section 313 of Cr.P.C. They have denied the case of the prosecution. The accused were convicted and sentenced, as noticed hereinabove. Hence, these appeals.