PREM SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this appeal filed u/s.374(2) Cr.P.C. the accused appellants have challenged the judgment dated 19.06.2008 passed by the learned Additional District & Sessions Judge, Aklera, District Jhalawar, in Sessions Case No.79/2007 whereby he has convicted and sentenced the accused appellants as under:

(2.) Instant case was initiated on a Parcha Bayan of Shiv Narain which formed the basis of a First Information Report registered on 23.09.2007 at Police Station Balta District Jhalawar. According to the Parcha Bayan, when the informant was sitting on a Chabutra near the hand-pump, the accused appellant Prem Singh, Radha Kishan, Roshan, Birma, Kailash, Mohan, Roop Lal and Dev Singh came armed with weapons likz Lathi, gandasi etc. On reaching the place of incident, the accused persons gave beating to the members of the complainant party. Accused Prem Singh who is said to have been armed with gandasi inflicted injuries on the elbow of left hand. When the informant ran towards the residence, his father Bapu Lal came to rescue but he was also given beating. After hearing the hue and cry, uncle of the informant namely; Balram came in front of the house of Kanwar Lal, who was encircled and given beating by Lathi and gandasi on the neck. As a result of the said beating, his uncle fell down. Further the accused had given beating by pelting stones, fist blows and lathi blows etc. At that time, Dhanna Lal also came there. He was inflicted injuries by pelting stones. Further it was stated in the Parcha Bayan that his uncle Balram had died on the spot. At the time of the incident, Kalu Lal, Gordhan, Banne Singh and Radha Kishan were present and they had witnessed the same. On the aforesaid report, a regular first information report was chalked out and immediately, the police came into action by sending the Head Constable, Laxmi Narain to the police station for registration of the report. Accordingly, the first information report was registered at 10.40 A.M. on 23.09.2007 as FIR No.l 16/2007, for offence u/s. 147,149,149,323 and 302 IPC. Thereafter on conclusion of investigation challan was filed before the concerning Magistrate.

(3.) The case being triable by the court of Sessions, was committed to the concerning court. In the presence of the accused persons before the trial court, the question of charge was considered and the same was framed against them for offence u/s. 147 and 302/149 IPC to which they denied and claimed for trial.