RAMHET AND RAMESH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Since all the matters arise out of common incident, they were ordered to be herd together and are being decided by this common judgment.

(2.) These appeals and revision are offshoot of the incident which took place on 13.10.2004 at 12.30 PM leading to registration of cross cases by both the parties against each other. F.I.R. No. 104/2004 was registered at Police Station Tehla, Tehsil Rajgarh, District Alwar, on the basis of 'parcha bayan' of complainant Seth S/o Babulal, recorded at Community Health Center, Rajgarh, for offence under Sections 143, 148, 149, 323, 341, 307 and 302 IPC, against Ramhet, Ramesh, Smt. Batto Devi, Smt. Bimla and Smt. Indira. F.I.R. No. 105/2004 was registered with the same police station at the instance of Ramhet (appellant in Appeal No. 149/2008) for offence under Sections 143, 323 and 341 IPC against Seth, Dan Singh, Chhoga and Hanuman.

(3.) Appeal No. 149/2008 challenges judgment dated 25.01.2008 passed by learned Special Judge, S.C./S.T. (Prevention of Atrocities) Act cases, Alwar, in Sessions Case No. 22/2005, which arise out of F.I.R. No. 104/2004, whereby learned trial court convicted accused Ramesh for offence under Section 324 IPC and acquitted him of offence under Sections 148, 341, 302/149, 307/149, 323, 323/149 and 324/149 IPC; convicted accused Ramhet for offence under Section 302 IPC and acquitted him of offence under Sections 148, 341, 307, 323/149, 324, 324/149 IPC and Section 4/25 and 5/27 of the Arms Act; and acquitted accused Smt. Batto Devi, Smt. Bimla and Smt. Indira Devi of the charge for offence under Sections 147, 341, 302/149, 307/149, 323, 323/149 and 324/149 IPC. Learned trial court sentenced the accused-appellant Ramhet under Section 302 IPC to suffer life imprisonment and pay a fine of Rs. 5000/-; in default thereof, he would have to further undergo five months rigorous imprisonment, and accused-appellant Ramesh under Section 324 IPC to undergo one year's rigorous imprisonment and to pay a fine of Rs. 1000/-; in default thereof, to further undergo one month's further rigorous imprisonment.