ANGANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order passed by the High Court of Judicature for Rajasthan, Bench at Jaipur, in S.B. Cr. Misc..(SOS) Application No. 781/2008 in Criminal Appeal No. 758/2008 dated 22.8.2008. By the impugned order, the High Court while admitting the appeal has rejected the application seeking bail/suspension of sentence filed by the appellant.

(3.) Facts in brief are as follows; Complainant PW/2, namely, Bhobal submitted a written report at police station on 6.3.1993, stating that on 6.3.1993, complainant and other members were sleeping in the house when accused/ appellants and others who are acquitted, with the intention of stealing/looting and killing, came inside the house. One Shanti heard some noise and started shouting. Listening to her cries other members came out and saw that accused/appellants and other were having kattas. Then accused/appellants and other started assaulting them by gun fire and pelting stones which in turn caused serious injuries to complainant and other. Investigation was conducted and a case was registered under sections 147, 148, 149, 323, 452 and 307 of the IPC against fourteen persons on 6.3.1997 and was committed to the Additional District & Session Judge, Deeg. Accused/appellants and others have stated that in this case first information report of the cross-case of this matter was lodged with the same police station prior to the present incident, in which death of one Samunder Singh has been caused. Also they argued that the first information report has been lodged by the complainant falsely to be saved of that cross-case. Trial court after hearing the parties convicted Angna and Chouthi for the charge under section 326 read with section 34 of IPC and acquitted them from all other charges and all the other accused persons were acquitted vide judgment dated 24.7.2008. Accused were awarded sentence of four years rigorous imprisonment with a fine of Rs. 2000/-.