BHAIRU AND MOHANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this common judgment, we propose to dispose of three connected criminal appeals bearing No. 252/2000, No. 309/2000 and No. 248/2000 as the same emanate from a common order of conviction and sentence dated 1. 5. 2000 recorded by the Additional Sessions Judge No. 1, Bundi. Learned counsel appearing for the parties also suggest likewise.

(2.) WHEREAS Appeal No. 252/2000 has been filed by Murli, Heera and Chhitar, Appeal No. 309/2000 has been filed by Kanwar Lal and Bhanwar Lal and Appeal No. 248/2000 has been filed by Bhairu and Mohan Lal. The appellants named above have been held guilty for offences u/s 147, 148, 302, 323, 325 read with Sec. 149 IPC and sentenced to undergo R. I. for life as also to pay fine of Rs. 1,000/- each and in default of payment of fine, to further undergo RI for a period of six months. They have been convicted for various offences as mentioned below: Sec. 302/149 IPC- Life imprisonment and fine of Rs. 1000/-, in default of payment of fine, six month's rigorous imprisonment. Sec. 147 IPC- 1 year imprisonment and a fine of Rs. 200/-, in default of payment of fine, further one month's rigorous imprisonment. Sec. 148 IPC- 2 years imprisonment and a fine of Rs. 250/-, in default of payment of fine, R. I. for 2 months Sec. 325/149 IPC- 3 years' imprisonment and a fine of Rs. 300/-, in default of payment of fine, further imprisonment for 2 months. Sec. 325/149 IPC- 6 months' rigorous imprisonment and a fine of Rs. 250/-, in default of payment of fine, further imprisonment for 1 month.

(3.) DR. Narayan Dixit who was examined as PW-7, proved ML Report of Virendra. On the basis of X-ray report, he stated that there was fracture of the thumb of left hand of Lokendra. Following nine injuries were found on the person of Lokendra: " 1. Swelling 5" x 5" with bruise 5" x 3/4" on the upper 1/3rd of left arm anteriorly. Blunt. 2. Bruise 4" x 3/4" on the middle of left laterally. Blunt. 3. Swelling 2" x 2" on the past aspect of elbow joint.- Blunt. 4. Abrasion 1 and 1/4" x 3/4" on the lower portion of left forearm paining-blunt. 5. Swelling 2" x 2" on the middle of left palm on the dorsal aspect-Blunt. 6. Abrasion 1/4" x 1/4" on the tip of left thumb.-Blunt. 7. Abrasion 3" x 1/4" on the right side of chest just near the mammary gland.-Blunt. 8. Haematoma 1" x 1" just above the left eye brows. Blunt. 9. Abrasion 1/4" x 1/4" on the lower portion of Rt. thigh laterally. Blunt.