LAWS(RAJ)-2004-12-21

LAXMI NARAYAN Vs. STATE OF RAJASTHAN

Decided On December 03, 2004
LAXMI NARAYAN Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE learned Additional Sessions Judge, Dausa by his judgment dated 2. 9. 2002 impugned in this appeal has convicted and sentenced appellants Laxmi Narayan and Jansi as under:- Under Section 307/341 IPc to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1000/- each. In default of payment of fine to further undergo three months' Simple Imprisonment. Under Section 326/34 IPc to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- each. In default of payment of fine to further undergo two months' Simple Imprisonment. Under Section 324/34 IPc to undergo rigorous imprisonment for one year and to pay a fine of Rs. 200/- each. In default of payment of fine to further undergo one month's Simple Imprisonment. Under Section 323/34 IPc to undergo rigorous imprisonment for six months.

(2.) THE substantive sentences have been ordered to run concurrently.

(3.) THE prosecution in order to prove its case examined as many as 12 witnesses and got exhibited numerous documents. In their explanation under Section 313 Cr. P. C. the appellants and co- accused pleaded that while they were working in their field, Kalyan, Sita Ram, Bhagwan Sahai, Dhanna, Soni, Kali and Teeja entered their field forcibly and assaulted them and as a consequence thereof, six persons from their side sustained injuries for which they also lodged FIR. In defence, three witnesses namely; DW. 1 Ram Singh, DW. 2 Dr. Kailash Narayan Gupta and DW. 3 Badri Narayan were examined and 17 documents were produced on record.