PUSHKAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are arising out of the judgment dated 30.6.2004 passed by learned Additional Sessions Jude(Fast Track) No. 1,Udaipur convicting and sentencing the accused appellants as under- Accused Madanlal u/S. 449 IPC: ten years' rigorous imprisonment with a fine of Rs. 5000/- and in default of payment of fine further to undergo six months simple imprisonment. u/S. 302 IPC : Imprisonment for life term with a fine of Rs. 5000/- and in default of payment of fine further to undergo six months simple imprisonment. u/S. 324 IPC : three years' imprisonment with a fine of Rs. 2000/- and in default of payment of fine further to undergo three months simple imprisonment. Accused Pushkar Lal: u/S. 449 IPC: ten years' rigorous imprisonment with a fine of Rs. 5000/- and in default of payment of fine further to undergo six months simple imprisonment. u/S. 302/34 IPC: imprisonment for life term with a fine of Rs. 5000/- and in default of payment of fine further to undergo six months simple imprisonment. u/S. 324/34 IPC: three years' imprisonment with a fine of Rs. 2000/- and in default of payment of fine further to undergo three months simple imprisonment.

(2.) The factual matrix necessary to be noticed for adjudication of present appeals is that Shri Abhay Singh Bhati, Station House Officer, Police Station Haranmagri,Udaipur reached at Bank Wali Street, near Shiv Mandir, Savina on receiving a telephonic information at about 10:10 PM on March 14, 2003 relating to some incident of giving sword blows to one Shri Mangilal Brahman. After gathering certain relevant informations, the Station House Officer proceeded and reached to Maharana Bhupal Government Hospital, Udaipur where he recorded statements (Ex. P/13) of injured PW.8 Smt. Shambhu Bai. As per the statement aforesaid, accused Madanlal and Pushkar Lal , both sons of Shankarlal(uncle-in-law of Smt. Shambhu Bai), were keeping vengeance with Mangilal son of Smt. Shambhu Bai due to some utterance taken place about 5-6 months earlier. Accused Madanlal and Pushkar Lal abused Mangilal at about 10:00 PM near Shiv Mandir, when he was returning to home from city. Subsequent thereto, accused Pushkar Lal entered in the house of informant and gripped Mangilal from his collar. Pushkar Lal also gave some slaps and punches to Mangilal. Other accused Madanlal then came with a sword and gave four blows from that to Mangilal, including one at neck. Smt. Shambhu Bai too received an injury on her hand while defending Mangilal. Mangilal, on receiving sword blows, fell down and the accused persons fled from the spot. Mangilal then was brought to the hospital for treatment, were he died.

(3.) On basis of the statement Ex. P/13, a case was registered and investigation was initiated. After completion of investigation a final report as per provisions of Section 173 Cr.P.C. was filed before the Court of Judicial Magistrate First Class, Udaipur(North) No.2, charging the accused persons for the offences punishable under Sections 302 and 324/34 IPC. The case being exclusively triable by the Court of Sessions was committed to it.