MUKESH KUMAR AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT appeal, under Section 374(2) of Code of Criminal Procedure, 1908, has been preferred by seven accused -appellants, namely (i) Mukesh Kumar s/o Nanagram, (ii) Kailash Kumar s/o Ramchandra, (iii) Puran s/o Ramchandra, (iv) Boduram s/o Ramchandra, (v) Banwari Lal s/o Nanagram, (vi) Bhagwana Ram s/o Kishan and (vii) Manki @ Banti @ Vijaykumar s/o Suwalal. They were tried by the Court of Additional District & Sessions Judge, (Fast Track), No. 2, Sikar, Camp at Srimadhopur in Sessions Case No. 08/2003, for causing murder of one Shishpal s/o Bhiwaram, on 28.08.2003 at around 03:00 P.M. in the field of Shishpal, situated in Village Saledipura -Jhakhara, Police Station, Khandela, District Sikar.

(2.) THE Court of Additional District & Sessions Judge (Fast Track), No. 2, Sikar, Camp at Srimadhopur, vide its impugned judgment dated 23.08.2007, held appellant No. 1, Mukesh Kumar to be guilty for offences punishable under Sections 148, 302, 324, 447 and 325/149 of Indian Penal Code. Whereas remaining six accused were convicted for offences punishable under Sections 302/149, 148, 447, 324/149 and 323 of Indian Penal Code.

(3.) AGGRIEVED against the conviction and sentence, all these seven accused have instituted the present appeal praying interalia that their conviction and sentence, be set aside, and they be acquitted of the charges leveled against them.