HIRA @ HIRALAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25.3.2000 passed by the learned Additional Sessions Judge No. 2. Chittorgarh in Sessions Cases No. 130/1998.

(2.) Briefly stated the prosecution story is that on 30.7.1998, an oral F.I.R. was lodged at the Police Station, Parsoli by PW/1 Raji Bai. Her case was that her father Mangi Lal deceased had gone to his field in the morning. At about 11 O'clock, when she went the lunch packet, she saw accused Hira Lal, Kailash and Smt. Kesar Bai inflicting injuries on the deceased Accused Hira Lal and a lathi, Kailash was giving blows by hands and legs and Smt. Kesar Bai had a kudali. Seeing the incident, she shouts, hearing her shouts, her uncle Bhura and aunt Smt. Badam came running. Accused made their escape good.

(3.) After lodging of F.I.R. usual investigation was conducted and police filed challan against all the three named accused for the offences under Sec. 447 and 302 read with 34 I.P.C. After commitment, the case was assigned to the learned Additional Sessions Judge No. 2, Chittorgarh who framed charges for the offences under sections 447 and 302 read with 34 I.P.C. which was denied by the accused appellants and claimed trial. During the trial, the prosecution examined as many as 16 witnesses and produced 24 documents. Accused were examined under Sec. 313 Crimial P.C. and 6 documents were got exhibited in defence. After conclusion of the trial, the learned Trial Judge came to the conclusion that the testimony of P. W. 1 Raji Bai corroborated by P. W.2 Bhura and P.W.3 Smt. Badam, inspire confidence and, therefore, convicted the appellants and sentenced them as under-