BHAGIRATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH the abovementioned two appeals are being decided by this common judgment as both relate to one incident that had occurred in the intervening night of 1-2/9. 95. FACTS OF D. B. CRIMINAL APPEAL NO. 652/2000

(2.) THE abovementioned accused appellants have preferred this appeal against the judgment and order dtd. 31. 10. 2000 passed by the learned Additional Sessions Judge, Raisinghnagar in Sessions Case No. 100/1995 by which he convicted and sentenced the accused appellants as under: Name of accused appellants Conviction U/s Sentence awarded to each accused appellant Bhagirath Ram Kumar Bega Ram Net Ram Munshi Lal Manphool Narain Ram @ Ram Narain Mota Ram 302/149 I. P. C. Imprisonment for life and to Pay a fine of Rs. 5000/- in default to further undergo 1 year's R. I.-do- 307/149 I. P. C. 7 years' R. I. and to pay a fine of Rs. 1000/- in default to further undergo 6 months' R. I.-do- 148 I. P. C. 1 year's R. I. and a fine of Rs. 500/- in default to further undergo 1 month's R. I.-do- 27 Arms Act 3 years' R. I. and a fine of Rs. 500/- in default to further undergo 1 month's R. I. All the sentences were directed to run concurrently. , +, +

(3.) BEFORE proceeding further it may be stated that for the same incident, a cross case was also registered bearing FIR No. 97/95 on the report of the accused appellant Net Ram and the challan for offence under Section 307 I. P. C. read with Section 149 and 148 I. P. C. was also filed against Het Ram, Indraj (P. W. 1) and Om Prakash (P. W. 2) and since the deceased had already died, and a case of one accused was sent to the children Court for trial, the challan was filed against the three accused persons, namely, Het Ram, Indraj (P. W. 1) and Om Prakash (P. W. 2) for committing offence under Sections 147, 148 and 307/149 I. P. C.