(1.) Heard the learned counsel for the accused-appellant as well as the learned Public Prosecutor for the State.
(2.) Instant appeal, under Section 374 Cr.P.C., has been preferred by the accused-appellant Vijendra questioning the correctness of the judgment and order dated 29.03.2007 passed by the learned Additional Sessions Judge, Dausa(hereinafter referred to as 'the Trial Court') in Sessions Case No. 62/2004(State of Rajasthan v. Vijendra ), whereby the learned Trial Court, while acquitting the accused-appellant under Section 325 read with Section 149 I.P.C., convicted and sentenced him as under: <FRM>JUDGEMENT_387_LAWS(RAJ)1_2014_1.html</FRM>
(3.) In brief, the facts of the case are that on 09.06.2002, at about 9.00 P.M., complainant Surendra Kumar Sharma S/o. Hanuman Prasad R/o. Bandikui Jagir had submitted a written report(Exhibit P-19) stating therein that he along with his brother Ashok(deceased), Mahendra(P.W.7), his Bhabhi Dayawati(P.W.10) and Rampal Guard was coming from fields at about 8.00 P.M. On the way, their tractor was intercepted by Deendayal, Shivcharan, Kamlesh, Vijendra, Trilok, Bhawani Shankar, Shanti, Sunita and wife of Kamlesh. Mahendra was hit by sword by Deendayal and when Ashok came to intervene, he was also inflicted injury by sword. Shivcharan and Kamlesh were injured by Barchhiya, Vijendra, Bhawani Shankar and Trilok by 'Tanchiya'. Shanti, Sunita and Kamlesh's wife inflicted injuries by lathies. They caused grievous injuries to Ashok, as a result of which, he died on the spot. The informant, Surendra, Rampal and his Bhabhi sustained injuries.
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