RAM PRASAD Vs. STATE O

JUDGEMENT

(1.) K. S. Rakhra, J. These are three connected appeals against judgment and order dated 23. 4. 2005 passed by Additional Sessions Judge (Court No. 8), Aligarh in S. T, No. 435 of 2002 whereby he has sentenced Ram Prasad, Ravindra, Bhawani and Sukh Ram to life imprisonment and a fine of Rs. 5000/- under section 302/149 IPC and appellant Surendra to life imprisonment and a fine of Rs. 5000/- under section 302 IPC. Again appellant Ram Prasad has been sentenced to 'seven years' rigorous imprisonment and a fine of Rs. 3000/-under section 307 IPC and appellant Surendra, Ravindra, Bhawani and Sukh Ram to seven years' R. I. and a fine of Rs. 3000/- under section 307/149 IPC These five persons are also convicted under section 148 IPC and sentenced to two years RI and are appellants in Criminal Appeal No. 2522 of 2005.

(2.) IN Criminal Appeal No. 1917 of 2005, appellants Harpal, Jagvir and Satyavir alias Pappu have been sentenced to life imprisonment and a fine of Rs. 5000/- under section 302/149 IPC, appellant Charan Singh has been sentenced to life imprisonment and a fine of Rs. 5000/-under section 302 IPC, Harpal has further been sentenced to seven years R. I. and a fine of Rs. 3000/- under section 307 IPC while Jagvir, Charan and Satyavir have been sentenced to seven years' R. I. and fine of Rs. 3000/- under section 307/149 IPC and all these four appellants of Criminal Appeal No. 1917 of 2005 have further been sentenced to two years' R. I. under section 148 IPC.

(3.) THE incident took place on 1. 9. 2002 at 10 a. m. between the houses of two sides in village Nagia Nanhi hamlet of Kumari within the circle of police station Vijaygarh of district Aligarh and a report of this incident was lodged by Kunwarpal Singh (P. W. I) on the same day within one hour i. e, at 11 a. m. THE FIR was lodged against 11 persons including 10 appellants in these appeals. Amongst appellants Surendra and Ravindra are real brothers and are sons of appellant Ram Prasad in Criminal Appeal No. 2552 of 2005. Similarly in Criminal Appeal No. 1917 of 2005, appellants Jagvir, Charan Singh and Satyavir alias Pappu are real brothers being sons of appellant Harpal. THE remaining three appellants namely Bhawani, Sukh Ram and Kali Charan are not related to any of the appellant.