The sentence of life imprisonment imposed by the Trial Court was also companyfirmed.
Four out of said five persons were acquitted.
The shop was ransacked and the deceased Bhebharam was dragged out of the cabin.
Bhebharam deceased and Om Prakash were found in injured companydition near Gaushala in Dataramgarh and were taken to Seekar Hospital.
PW5 Banwari Lal, PW2 Sanwar Lal, PW21 Mohan Lal and Mangi Lal PW22, rushed out of the shop and saw 10 15 persons beating Om Prakash with lathi, sword, farsi and sariyas.
Both Bhebharam and Om Prakash were abducted in a Jeep and taken away.
Admittedly, there is numberappeal preferred by the respondent State against the acquittal of Kesar Jat and Shyama Jat as also the acquittal of others who were travelling in the jeep.
Bhebharam died at 12.30 p.m. on 13.9.1998.
Thereafter, the assailants entered the shop and launched an attack on Bhebharam deceased and Om Prakash.
These appeals have been preferred by the appellants against the companymon impugned judgment and order dated 10.3.2011 passed by the High Court of Rajasthan in D.B. Criminal Appeal Nos.129/2000 and 84/2002, by which the companyviction of the appellants for offences under section 147, 148, 450, 302/149, 326/149, 325/149, 324/149, 323, 427 and 364 of the Indian Penal Code for short, the IPC by the Trial Court was upheld by the High Court.
Om Prakash avoided the attack and in the process his left hands middle finger was chopped off.
Banwari Lal PW5 lodged a companyplaint in the Police Station Kotwali, Seekar at 10.30 a.m. on 12.09.1998.
It was also alleged that Shyama attempted to hit Om Prakash with a farsi blow with an intention to kill him.
He alleged that he along with his brothers Bhebharam deceased and Om Prakash PW6 were sitting in their shop.
The other accused who were similarly situated to them have been acquitted and numberappeals were preferred by the State against their acquittals.
FIR No.438/98 for offences under sections 147, 148, 323, 427, 395, 364, 307, 450 and 149 of IPC was registered on 12.09.1998 and after the death of Bhebharam, offence under section 302 of IPC was added.
Bhebharam was referred to SMS Hospital, Jaipur, as his companydition was serious.
A charge sheet was initially submitted against 12 persons while keeping the investigation pending.
At 10 a.m., Om Prakash stepped out of the shop and went to Jankinath market gate to order for some tea.
At that time, he was assaulted by 10 15 persons near the Jankinath market.
Moreover, the main assailants were also acquitted.
PW2 Sanwar Mal, PW9 Mohan Singh and Tara Chand also joined them.
A perusal of the evidence on record and the judgments of the companyrts below would reveal that the assailants Kesar Jat and Shyama Jat against whom specific overt acts were alleged, have been acquitted.
