MAHAVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The appellant has preferred this criminal appeal under Sec. 374(2) of the Code of Criminal Procedure against the impugned judgment and order dated 11th Sept., 2003 passed by the Additional Sessions Judge (Fast Track) No.2, Bundi(Raj.) in Sessions Case No.31/2002, whereby he has been convicted and sentenced under Sec. 302 I.P.C. to imprisonment for life and a fine of Rs.5000.00 and under Sec. 341 I.P.C. to one month's simple imprisonment and a fine of Rs.200.00; in default of payment of fine to further undergo 7 days additional imprisonment. Both the sentences were ordered to run concurrently.

(3.) Briefly stated the facts of the case are that on 24th Dec., 2001, P.W.14 Suresh Kumar S.H.O., Police Station Kotwali, Bundi received an information from General Hospital, Bundi that injured Narpat Singh is admitted in hospital. He, therefore, sent Ram Chandra A.S.I.(P.W.8) to hospital. P.W.8 Ram Chandra A.S.I. reached at hospital and consulted the Medical Officer whether injured is in fit condition to give his statement. Medical Officer certified on Ex. P20 that patient is in fit condition to give his statement at 10:30 A.M. P.W.8 Ram Chandra then recorded Parcha Bayan of Narpat Singh on 24.12.2001 at 10:35 A.M. in hospital at Bundi, wherein it was alleged that he had come to New Dhan Mandi to sale his Garda and was relaxing/resting on the heap of his commodities and all of a sudden Mahaveer S/o Amar Singh and Rameshwar S/o Shanker Singh, both belonging to his village, came there. Mahaveer inflicted a lathi blow on his left thigh, when he tried to run away then Rameshwar stopped him by catching hold of him and thereafter Mahaveer inflicted two lathi blows on his head as a result of which he fell down. Other injuries were further inflicted on his person. Foor Singh and Om Prakash resident of Palka intervened, otherwise they would have inflicted more injuries.