PIKKI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal challenges the conviction and sentence awarded to the appellants by the learned Additional Sessions Judge (Fast Track), Alwar in Sessions Case No.40/2002 (45/02), State Vs. Pikki & Ors. on 17.10.2002, which are as under:-

(2.) The brief facts of the case are that Dr. Amar Singh Rathore PW-14 sent a letter (Ext.P32) to the Police informing that Bhagwan Singh, S/o Satnam Singh, resident of Mugaska, is admitted on bed no.4 in the hospital due to stab wound and necessary action may be taken. In turn Rajendra Prasad, Sub-Inspector, N.E.B. Police Chowki, Police Station Shivaji Park, Alwar, on receiving a wireless message that the persons injured in a scuffle at Village Mugaska have been admitted in the General Hospital, Alwar, reached the hospital where Kashmir Singh, S/o Satram Singh, submitted a written report (Ext.P7) stating therein that at about 6.00 P.M. on 06.12.2001, an altercation took place between his brother Dalip Singh and Sohan Singh with regard to the amount of credit of his shop. On account of it, Munshi Singh, Pikki Singh, Tinku Singh, Sohan Singh and his wife Mst. Rajo caught hold of his brother and gave him a beating. When Bhagwan alias Jeewa and he went to rescue Dalip Singh, the aforesaid persons assaulted them also. Munshi Singh, Pikki Singh, Tinku Singh and Sohan Singh attacked his brother Dalip Singh and Bhagwan Singh with knives and they were seriously injured. Both of them were taken to the hospital and on reaching there his brother Dalip Singh was declared dead. The condition of Bhagwan Singh was also serious. Munshi inflicted an injury on his back with a knife. After the beating, the aforesaid persons have given threats for further beating and action may be taken against them. The aforesaid written report was sent to the Police Station, on which an FIR (No.290/2001) was registered for offences under Sections 147, 148, 149, 323, 324, 302 and 307 IPC.

(3.) After hearing charge arguments, the learned Trial Court framed charges for offences under Sections 148, 302 in alternative 302/148, 324/149 and 323/149 I.P.C. against accused Pikki and Munshi Singh, while charges for offences under Sections 148, 302/149, 324 and 323/149 IPC were framed against accused Sohan Singh and Mst. Rajo. The accused persons pleaded not guilty and claimed trial. The prosecution produced as many as 23 witnesses and documents Exts.P1 to P50 in support of its case. The accused persons were examined under Section 313 Cr.P.C. and they stated that no money was due against them. They are poor persons and have not been on talking terms with the complainant party for the last 3-4 years. On the day of occurrence, they had got sand (????) for repair work of the house, which was lying in front of their house, as Munshi Singh was to be married soon. An altercation took place with the complainant party for having put the sand there. Jagjeet Singh DW-1 was produced in defence and documents Exts.D1 to D9 were marked. After hearing the parties, learned Trial Court held the appellants guilty of the aforesaid offences and convicted them, as stated in earlier part of the judgment. It is noteworthy to mention here that the appeal stood abated vide order dated 27.07.2011 so far as Mst. Rajo Kaur is concerned, as she had expired on 30.08.2003.