AMAR SINGH; HARVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are directed against the common judgment dated 06/02/2010 passed by learned Additional District and Sessions Judge (Fast Track) Mahuwa, District Dausa in Sessions Case No.11/2008 (34/2005) whereby, the accused-appellant Amar Singh was convicted for offence u/S.302 IPC and sentenced to life imprisonment with fine of Rs.2,000/- and in default of payment thereof, he was to further undergo simple imprisonment of three months. He was also convicted for offence u/S.307 IPC and sentenced to rigorous imprisonment of ten years with fine of Rs.500/- and in default of payment thereof, he was to undergo imprisonment of one month. Both the sentences were ordered to run concurrently.

(2.) While D.B. Criminal Appeal No.139/2010 has been filed by accused-appellant Amar Singh assailing the judgment of conviction and sentence dated 06/02/2010, D.B. Criminal Appeal No.123/2011 has been filed by complainant-Harveer Gurjar assailing the acquittal of sixteen other accused arrayed as respondents No.2 to 17 in the said appeal, of the charges for offence u/Ss.148, 302 and 302/149, 307 and 307/149, 324 and 324/149, 325 and 325/149 IPC and additionally acquitting accused Hans Ram of charge for offence u/S.3/25 of the Arms Act.

(3.) Brief facts giving rise to these appeals are that injured-Harveer Gurjar (PW1) gave a 'parcha bayan' (Exb.P/1) to the S.H.O. Police Station Salimpur, which was recorded by the police in Government Hospital at Mahuwa on 22/04/2005, wherein he alleged that on that day at about 4.30 p.m., accused who were armed with gun, 'lathi', 'pharsa' and 'katta' assembled at the place of incident for constructing a road through the 'talai' (pond) situated in the agriculture field of the complainant-party. Accused-Amar Singh opened fire, which hit Ram Naresh at his armpit. Another fire opened by Amar Singh hit Samay Singh at his neck and below the chest. Accused-Charat inflicted a 'dharia' blow on the head of the informant-Harveer (PW1). Accused Hans Ram inflicted a 'dharia' blow on the head of Rajoli and pellets fired by Amar Singh, hit her hand. Accused Mahendra Bhopar inflicted a 'lathi' blow on the back of Rajoli. Amar Singh opened fire, which hit Smt.Mahendra W/o Bharosi on her hand and stomach. The other accused pelted stones. Hans Ram opened fire at Ram Naresh. Villagers watched the incident from distance and did not come forward to save them due to fear of their life. The land of the 'talai' situated in Village Amarpur is entered in the name of Girraj in the revenue record. Accused wanted to forcibly construct a road through the 'talai' upto Shivalaya and complainant objected to this.