MAIYA SINGH @ MAIYA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this appeal the three appellants, who are father, son and the third appellant being the wife of second appellant, the son, seek to challenge their conviction under Sec. 302/34 and Sec. 324/34 I.P.C. recorded by the Addl. Sessions Judge No. 2, Sriganganagar vide his judgment dated 27.4.2000, passed in Sessions Case No. 10 of 1998. The appellants have been sentenced to imprisonment for life with a fine of Rs. 2000.00, in default of payment of fine to further undergo two months Simple Imprisonment, and to imprisonment for a period of one year for the aforesaid offences respectively.

(2.) Brief facts of the case are, that on 7.7.98, the statement of Prahlad Singh (Parcha Bayan) was recorded by P.W. 7, incharge of Police Station Sardul Sahar at 5.45 P.M., in the hospital, to the effect that in the morning the deponent along with his father Balbir had gone to their field in Chak being 7SDS Rohi to sow Guar, and had sown Guar. It was alleged that adjoining their land is situated the land of his uncle Maiya Ram (appellant). It is further alleged that many years ago there was a dispute between the deponent and the uncle, about partition of the land. With this background it was alleged that at about 3.30 in the noon, the accused Maiya Ram and Jeet Ram had sown Guar in one portion of the informant's field. The tractor was driven by Jeet Ram. It was alleged that there is a dispute regarding the boundary between the deponent and Maiya Ram. In that view of the matter the father of the informant went to the boundary of the field, and scolded to Maiya Ram, whereupon the four accused person, being Maiya Ram, Jeet Ram, Nanki daughter of Maiya Ram and wife of Jeet Ram, came on the boundary duly armed with weapons. Maiya Ram was armed with Gandasi, Jeet Ram with Takua, Nanki with Kasiya, and wife of Jeet Ram (Rani) with axe. The deponent was busy in sowing Guar. According to the deponent, all the accused persons immediately started inflicting injuries on the father of the informant with respective weapons. On hearing the cries, the deponent went there, and found that all the accused persons were indiscriminately showering blows with their respective weapons. He intervened thereupon all the four accused persons inflicted injuries by the respective weapons on various parts of his body also. It was alleged that on account of injuries his father Balbir Singh had died on the spot, he rushed to the Government Hospital Sardul Sahar, and got himself admitted. The incident was alleged to be witnessed by Veeru Ram and Makhan Singh, The neighbours. On this report a case under Sec. 302, 307 and 34 I.P.C. was registered. After investigation the police filed charge sheet against the three appellants only, and the investigation did not find Nanki to be there on the spot.

(3.) The learned Magistrate committed the case to the Court of Sessions Judge, Sri Ganganagar, wherefrom it was transferred to the learned trial court. The learned trial court framed the charges for the offences under Sections 302, 307, 323, 324 and also in the alternative, for all these offences read with Sec. 34 I.P.C. The accused persons denied charges and claimed to be tried. The prosecution examined 7 witnesses. The accused persons in their statement under Sec. 313 Crimial P.C. adopted the stand of denial, however they did not lead any evidence in defence. The learned trial court after completing the trial convicted and sentenced the accused persons as above.