BHAGWAN SAHAY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants have filed this appeal challenging their conviction and sentence as ordered by the Trial Court vide judgment/order dated 31.01.2014.

(2.) Appellants were convicted and sentenced as under:- Appellants- Bhagwan Sahay, Rakesh and Sita Devi U/s. 302 Indian Penal Code , 1860 (hereinafter referred to as ' IPC '): Life imprisonment, to pay a fine of Rs.10,000/- and in default thereof to undergo three months rigorous imprisonment. U/s. 323 IPC : Three months rigorous imprisonment, to pay a fine of Rs.500/- and in default thereof to undergo fifteen days rigorous imprisonment. U/s. 341 IPC : One month simple imprisonment, to pay a fine of Rs.200/- and in default thereof to undergo ten days simple imprisonment.

(3.) Prosecution story, in brief, is that on 20.10.2012 at about 8.15 p.m., complainant Devlal received a phone-call from his son- in-law Sitaram that his neighbour Shiv Prakash and his family members were quarreling with him. Complainant along with his wife Santra went to the house of his son-in-law. When they reached the house of their son-in-law, they saw that Bhagwan Sahay and his wife Sita Devi and their son Shiv Prakash and Rakesh were armed with sticks and iron rods. Complainant tried to pacify Bhagwan Sahay but Bhagwan Sahay, his wife and their sons Shiv Prakash and Rakesh along with two/three other persons attacked Sitaram with an intention to kill him. They inflicted injury on the head of Sitaram. As a result, Sitaram fell down. Complainant and his wife intervened to rescue Sitaram. As a result, complainant and his wife also suffered injuries. Somebody called the ambulance to the spot and injured were removed to the hospital for treatment. However, doctors declared Sitaram as dead.