LAYAKRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant Layakram has preferred this appeal aggrieved by the judgment of conviction and order of sentence dtd. 18/8/2017 passed by the Additional Sessions Judge No.2, Kishangarhbas, Alwar, whereby the accused appellant has been convicted for offence under Sec. 148 and 302/149 of the Indian Penal Code (hereinafter referred to as "the IPC"). For offence under Sec. 302/149 of IPC, the appellant has been sentenced to life imprisonment and a fine of Rs.25,000.00 and in default of payment of fine, to further undergo 3 months rigorous imprisonment. For offence under Sec. 148 of IPC, the accused appellant has been sentenced to 3 years rigorous imprisonment and a fine of Rs.1,000.00 and on non-payment of fine, to further undergo 1 month rigorous imprisonment.

(2.) Succinctly stated the facts of the case are that an FIR bearing No. 290/2012 (Exhibit-P36) was registered at Police Station, Mundawar, District Alwar on a written report (Exhibit-P1) on 6/8/2010. In the written report, it was stated that at around 8.00 9.00 am, the complainant's mother and wife saw accused Hargyan, Layakram, Mahesh, Mangal, Smt. Leelee wife of Hargyan and Bharpai wife of Layakram digging the foundation in the plot belonging to them. The complainant's mother-Basanti asked them to stop, at which, Hargyan having pharsi, Layakram and Mahesh having axe, Mangal having phawada and other ladies, having phawada and bankadi, attacked upon her, who expired on the spot. The complainant's wife-Santosh raised an alarm, on which, the complainant and his brother-Veer Singh reached the spot. All the accused ran away immediately thereafter from the spot.

(3.) On the said written report, the investigation was done by the police and after due investigation, the police filed charge-sheet against the other co- accused of this case i.e. Hargyan, Mangal Singh, Mahesh Kumar and Smt. Leelee wife of Hargyan, in which, after recording of the evidence, the Trial Court convicted them vide judgment and order dtd. 18/7/2014. The present accused- appellant was absconding and was arrested on 8/9/2014 and thereafter, a supplementary charge-sheet was also filed against him on 18/11/2014. The case was committed to the Court of Sessions. Trial Court framed charges against the accused-appellant on 9/3/2017. He denied the charges levelled against him and sought trial, upon which, as many as 23 witnesses were examined and 45 documents were exhibited on behalf of the prosecution. Explanation of the accused appellant was recorded under Sec. 313 of Criminal Procedure Code (hereinafter referred to as "the Cr.P.C."). After hearing the arguments of both the parties, the learned Trial Court has convicted and sentenced the accused- appellant as mentioned herein-above.