JHABARMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Above mentioned two appeals have been preferred by 13 accused persons in all (12+1) against two judgments dated 13.3.2000 and 15.1.2002 passed in Sessions case Nos.3/1999 and 36/2001 respectively by the Court of Addl. District Judge No.1, Sikar, arising out of Ex.P/7 written report lodged at P.S. Kotwali, Sikar on 12.9.1998 at 10.30 am for the incident allegedly occurred at 10.00 am on the same day in the business market place of Janki Nath Market where deceased Bhebharam's shop was situated.

(2.) Accused Jhabar Mal, Jagdish Prasad @ J.P., Mahendra, Bajrang Lal, Hari Ram, Raju @ Rajesh Kumar, Sharwan Kumar, Tara Chand, Mohan, Kishan Singh, Madan Lal & Rohitash Kumar @ Sanjeev Kumar had been set up for trial in the first instance.

(3.) Vide judgment dated 13.3.2000, the accused persons (appellants No.1 to 9 & 12) except accused Kishan Singh and Madan Lal (appellants No.10 & 11) had been convicted for the offence punishable under Sections 147,148, 302/149, 307/149, 326/149, 325/149, 324/149, 323/149, 427, 450 & 364 of the IPC. They had been sentenced to undergo rigorous imprisonment for six months for offence punishable under Section 147 of the IPC; R.I. for two years for the offence punishable under Section 148 of the IPC; R.I. for one year for the offence punishable under Section 452 of the IPC; R.I. for two years for the offence punishable under Section 450 of the IPC; R.I. for ten years for the offence punishable under Section 364 of the IPC; Life imprisonment for the offence punishable under Section 302/149 of the IPC; R.I. for ten years for the offence punishable under Section 307/149 of the IPC; R.I. for five years for the offence punishable under Section 326/149 of the IPC; R.I. for two years for the offence punishable under Section 325/149 of the IPC; R.I. for six months for the offence punishable under Section 324/149 of the IPC; Simple imprisonment for six months for the offence punishable under Section 323/149 of the IPC whereas accused Kishan & Madan Lal (appellants No.10 & 11 of D.B.Cr.Appeal No.129/2000) were convicted & sentenced to ten years' for the offence under Section 120B of the IPC.