VIJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal under Sec. 374 CrPC has been preferred by the appellants challenging the judgment dtd. 27/8/1994 passed by the learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Cases, Udaipur in Sessions Case No.48/1992, whereby they have been convicted and sentenced as under :-

(2.) Briefly stated, facts relevant and essential for disposal of the instant appeal are that on 22/5/1991 one Daulat Singh (P.W.6) submitted a report at the Police Station Bhindar, District Udaipur to the effect that marriage of his brother Jorawar Singh's granddaughter was solemnized on the previous day. The Baarat had returned at 07.00 p.m. Later that night at 11.00 p.m., he was sleeping outside his house on a cot. His brother Jorawar Singh and other guests were at his house. Jorawar Singh and Hari Singh were going to their old house to bring some articles. As soon as they came out of the house, accused appellants Vijay Singh and Bhopal Singh came from behind with an intention to kill both of them. Vijay Singh was having a sword in his hand, whereas Bhopal Singh was having lath. Jorawar Singh made a hue and cry, upon which, the complainant ran to the spot. Vijay Singh gave a sword blow to Jorawar Singh, due to which, fingers of his left hand were cut off. He also gave a second blow on the left hand of Jorawar Singh. Vijay Singh also gave sword blow to Hari Singh, due to which he received injury on his head. Bhopal Singh also made assault with lath. Hearing the noise, Govardhan Singh, Arjun Singh, Fateh Singh and Bhanwar Singh came at the spot, who too were assaulted by the accused appellants with sword and lath. The complainant stated that the he saw the incident with his own eyes. The injured were taken to the hospital. The reason of the assault was old enmity due to land dispute.

(3.) On the basis of this information, FIR No.42/1991 was registered for the offences under Ss. 307, 326, 323, 324/34 IPC and investigation was commenced. During the course of investigation, the police got the injured medically examined and procured the medical reports (Ex.P/1 to Ex.P/6). The accusedappellants were arrested and on the basis of the information provided by them under Sec. 27 of the Evidence Act, the weapons of offence, i.e. sword and lath, were recovered vide recovery memos Ex.P/17 and Ex.P/19. After completion of investigation, a charge-sheet for the offences under Ss. 307, 326, 324, 323/34 IPC was submitted in the Court of Chief Judicial Magistrate, Kanod, from where the case was committed to the Court of Sessions Judge, Udaipur. The learned trial court framed charges against the appellants for the offences under Ss. 307, 326, 323, 324 read with Sec. 34 IPC and read over to them, upon which, they pleaded not guilty and claimed trial.