MANGILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants have preferred the instant appeal aggrieved by the impugned judgment and order dtd. 12/12/2015 passed by the Additional Sessions Judge No. 3, Kota, whereby the accused appellants have been convicted and sentenced for the offences as under:-

(2.) Since after filing of the appeal, accused appellant No. 2-Sikandar has expired and the appeal stands abated against him, the present appeal is now being decided only to the extent of accused appellant Nos. 1 and 3-Mangilal and Jitendra @ Jeetu.

(3.) Succinctly stated the facts of the case are that on 11/6/2012, complainant- Sanjay (PW-1) filed a complaint/parchabayan (Exhibit-P1) in Mahaveer Nagar Police Station stating therein that on 11/6/2012 at around 9.45 pm, when he and his brother Dinesh (deceased) were sitting outside their house, accused-Sikandar came towards him and started arguing with him and also threatened him. Thereafter, father of accused-Sikandar, Mangilal also came at the scene with a gandasa and hit him on his head. He then began to bleed and entered his home to retrieve a stick, in order to defend himself. Thereafter, Mangilal used gandasa to hit his brother Dinesh on the head. Furthermore, two brothers of the accused Sikandar, namely, Jitendra and Chandan also arrived at the scene. Jitendra was holding a water pipe, while Chandan had an iron rod. They also inflicted injuries to deceased-Dinesh on his head. When he came outside the house, Jitendra attacked him with a pipe on his left hand wrist. Sikandar also commanded to beat them. Govind (PW-2), who stepped in between to save him and his brother, also got injured. Rekha (PW-5), his wife also suffered injuries, when she tried to save her husband and the deceased. Dinesh was shifted to the hospital, where he expired on 12/6/2012. The enmity is said to be due to a dispute, which took place with him on an accident, which had happened a few days earlier. As per the prosecution, few days before the incident, Chandan and Ratan Lal (PW-10) were fighting and the complainant stepped in between to save Ratan Lal (PW-10) from the accused. The accused side came to take revenge of the said incident.