GOVIND SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants have preferred this crimi-nal appeal under Section 374 Cr.P.C. against the judgment and order dated 30/10/1984 passed by the Additional Sessions Judge No. 2, Ajmer, thereby convicting and sentencing them for offence under Sections 326 and 324 IPC in the following manner Under Section Each to undergo rigorous 326 IPC imprisonment for 3 years with a fine of Rs. 3,000/-. in default thereof, each to further undergo six months rigorous imprisonment. Under Section Each to undergo rigorous 324 IPC imprisonment for 1 year with a fine of Rs. 1000/- in default thereof each to further undergo one months rigorous imprisonment. The substantive sentences were ordered to run concurrently. The trial court ordered that the period spent by the appellants in judicial/police custody shall be adjusted as per the provisions of Section 428 Cr.P.C. It was further ordered that the sen-tences awarded in default of payment of fine shall be undergone severally.

(2.) As per the prosecution case, on 8-6-1983 PW 7 Mahendra Singh informed the police at Police Station Alwar Gate. Ajmer of the incident alleged to have taken place in the morning. The information was in regard to the beating with his father and brother. This information was recorded as Ex. P. 3 in the Rojnam-cha. Having received the information. Police alongwith the informant, first rushed to the place of incident, but by that time the injured were taken to the hospital. Thereafter, PW. 11 Ramesh Chand, Assistant Sub-Inspector reached the Hospital and recorded the parcha Bayan, Ex. P. 6 of injured Bhagwan Singh.

(3.) PW 6 injured Bhagwan Singh stated in his Parcha Bayan that on the day of incident, at about 6.45 AM his father Uda Ram PW 10 had gone for urinating and he followed him. While they were entering into the house, the accused appellants duly armed with sword and Pharsa belaboured them. He stated that PW 8 Sohan and PW 9 intervened and saved them.