RAJIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been preferred by the accused appellants under Section 374(2) Cr.P.C. being aggrieved of the judgment dated 23.07.2012 passed by learned Additional Sessions Judge (Fast Track) No.1, Udaipur in Sessions Case No.10/2009 by which, they were convicted and sentenced as below :- Accused Rajiya

(2.) Succinctly stated the facts of the case are that on 08.10.2008, complainant Bhana (PW-5) lodged a written report with the SHO, Police Station Lasadia (Ex.P/3) alleging, inter alia, that his elder brother Rajiya and his son Shankar, whose land and house are situated adjacent to his house. They left their cattle to graze in the fields of the complainant and his brother Mohan. Upon complaining, they threatened to kill them. On 07.10.2008 around 04:00 pm, when he and Mohan went to Madawata Bus Stand on account of some urgent work, on seeing that cattle belonging to Rajiya were grazing in their field, his wife Dhulki asked Rajiya and Shankar to tie their cattle, whereupon they quarreled with his wife and pelted stones upon her. On seeing this, her uncle Anda and Kalki rescued her. The complainant's daughter and son told him about the said incident. He rushed to the house of Rajiya and Shanker and asked them about the said incident. On this, they threatened that they would kill him. Thereafter, at about 07:30 pm in the evening, when Mohan came to his house and heard about the incident, he also talked with Rajiya and Shankar regarding the grazing of the field by their cattle and beating his bhabhi. Being annoyed with this, Rajiya armed with sword and Shankar armed with lathi, came to his house in the night at about 09.00 p.m. and took Mohan with them to the field and started assaulting him. His wife Dhulki, Mohan's wife Delki, Uncle Anda and cousin Kalki tried to rescue Mohan. On their intervening, the accused run away. Due to non-availability of conveyance and since it was late night, they could not inform the police about the incident and on account of grievous injuries sustained by Mohan, he died.

(3.) On the basis of this written report, FIR No.88/2008 was registered at Police Station Lasadia, Udaipur for the offences under Sections 302, 323/34 IPC and Section 4/25 of Arms Act and the investigation was commenced. After investigation, a charge sheet came to be filed against accused appellant Rajiya for the offences under Sections 302, 323/34 IPC and Section 4/25 of the Arms Act and against accused appellant Shankar Meena for the offence under Sections 302, 323/34 IPC.