PREM KUMAR Vs. STATE OF RAJSTHAN

JUDGEMENT

(1.) The appellants herein have been convicted and sentenced as below vide judgment dtd. 8/6/2018 passed by learned Addl. Sessions Judge No.2, Nohar District Hanumangarh in Sessions Case No.04/2016:- <FRM>JUDGEMENT_93_LAWS(RAJ)1_2023_1.html</FRM>

(2.) Briefly stated facts relevant and essential for disposal of the appeal are noted herein below:-

(3.) Shri Bablu S/o Shri Sant Lal and his wife Smt. Roshni were assaulted in their house on 12/9/2015 between 08:45 to 09:15 PM. The house of Bablu and the house of his father Shri Sant Lal are having common back-wall. On hearing, a hue and cry being raised, Shri Sant Lal rushed to the house of Bablu where he claims to have seen that Subhash S/o Shri Jaikaran, Prem S/o Sohanlal, Mahendra S/o Devilal, Jagdish S/o Devilal, Sunil S/o Banwari and four-five others, had assaulted Bablu and his wife by sharp weapons. While Bablu's wife Smt. Roshni expired as a result of the injuries suffered by her in the incident, Bablu received injuries and had to be taken to the hospital for treatment. As per the prosecution, the SHO, Police Station Nohar, Shri Dinesh Kumar reached the place of incident on 13/9/2015 at 7.00 AM where Shri Sant Lal submitted a written report (Ex.P/5) to him. The SHO recorded an endorsement of case being made out for the offences punishable under Ss. 302, 450, 323 and 143 IPC and thereafter, the report was forwarded from the crime scene to the Police Station Nohar with Foot Constable Chandrabhan. Consequently, an FIR No.466/2015 was registered at the Police Station, Nohar for the above offences and investigation commenced. The SHO claims to have prepared the spot documents etc.