OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 26.10.1999 passed by the Additional Sessions Judge, Raisingh Nagar convicting the appellants for the offence Under Section 302/34 I.P.C. and sentenced to undergo imprisonment for life and each of them to pay a fine of Rs. 2000/ -. The appellants have also been convicted for the offence Under Section 307/34 I.P.C. and sentenced to 7 years rigorous imprisonment and to pay a fine of Rs. 500/ -. The appellants have been convicted for the offence Under Section 447 I.P.C. and sentenced to 3 months rigorous imprisonment and to pay a fine of Rs. 500/ -.

(2.) BRIEFLY stated the prosecution case is that on 15.11.1994 at about 6.45 P.M., P.W. 3 injured Banwarilal gave statement Ex.P. 3 to the police stating inter alia that he along with his father Bhagirath had gone to the field at Chak 52 N.P. at about 11:30 A.M. While they were cutting 'Gwar' crop, his uncle Om Prakash his two Sons Kishan and Dilip along with Suresh son of Prithviraj arrived and asked them not to cut the crop. The command was not accepted by them. Accused Kishan and Suresh caught hold of him and threw on the ground. Om Prakash inflicted a knife injury on his neck. Thereafter, Om Prakash and Dilip caught hold his father Bhagirath and threw on the ground. Om Prakash picked up a 'Kassi' and inflicted 2 or 3 blows to his father. He also inflicted injuries to him. Om tried to inflict knife injury on him, but he could catch hold him by hand. He took bite on his neck. The knife from his hand fell down. Appellant Om inflicted injury by knife near his eye. He also inflicted injury on thigh. The accused persons left the field leaving them in injured condition. He slowly moved towards the road. He could get lift in the jeep of Advocate Narendra Singh. He was taken to the hospital. He also stated that his father died on the spot, on account of serious injuries suffered by him. On this statement, police registered a F.I.R. Ex.P -34 and proceeded with investigation. After usual investigation, police laid charge -sheet against Om Prakash alias Amarchand and Suresh Kumar son of Prithviraj for offences Under Sections 447, 323, 324, 325, 307, 307/34, 302, 302/34 I.P.C. During trial, an application Under Sections 193 and 319 Cr.P.C. was moved to implead accused Kishan and Dilip also as accused in the case, By order dated 4.12.1995, they were also added as accused.

(3.) IT is contended by Mr. H.S.S. Kharlia learned Counsel for the appellants that the trial court has committed an error in convicting the appellants solely on the testimony of highly interested and partisan witness namely P.W. 3 Banwarilal. It is also submitted that the defence version is more probable, as prosecution has failed to explain injuries on the person of the complainant party. It is pointed out that appellant Om Prakash has received as many as six grievous injuries. On the other hand, the learned Public Prosecutor has supported the judgment of the trial court.