HAKSI AND ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Criminal Appeal has been filed by appellants (1) Haksi S/o Shri Kawa (2) Narayan S/o Shri, Haksi Ram (3) Kalu Rajendra Kumar S/o Shri Niranjan Sharma (4) Lali W/o Shri Haksi Ram, and (Ms. Hasina D/o Haksi Ram against the judgment dated 1.8.2006 passed by Additional Sessions Judge (Fast Track No. 3), Udaipur, Camp Salumber in Sessions Case No. 09/2006 where by all the accused-appellants were convicted and flowing punishment was awarded to them:

(2.) The brief facts of the case are that upon oral complaint (Exhibit P-3) dated 2.11.2005 of complainant Kauwa, and F.I.R. was came to be registered at Police Station Pahada District Udaipur for the offences under Sections 147, 148,302, 323/149 I.P.C. against all the five accused-appellants. In the F.I.R., it was alleged that on 2.11.2005 at about 3.00 P.M. the complainant Kauwa and his son Harish were in their house and the house of the complainant's brother Walji is situated near to his house, where the brother of the complainant Walji, his wife Smt Utali his elder brother Hurji and Smt. Semli are residing. On the date of occurrence the appellants Haksi armed with axe (Kulhari), Narayan armed with iron rod, Kalu armed with lathi, Smt. Lali and Ms. Hasina having pieces of stone in their hands entered in the house of the Walji and started quarrelling with them and upon hearing noise, the complainant PW-I Kauwa and his son PW-2 Harish rushed to the house of Walji where they saw that in the house of his brother, all the five accused-appellants were beating his elder brother Hurji by axe (kulhari), iron rod, lathi and stones.

(3.) As pert the allegation in the F.I.R. the accused-appellant Haksi inflicted injury by axe. Accused-appellant Naryan inflicted injury by iron rod upon the neck and Kalu inflicted injury by lathi upon the person of deceased Hurji and other two appellants Lali and Hasina inflicted injuries by stones and upon receiving such injuries, blood started oozing from the head of the deceased Hurji and due to the injuries, he died on the spot. It is also stated in the F.I.R. that the complainant and his son intervened in the matter and tried to rescue Hurji, Walji, Smt. Atli and Semli from the beating of the accused-appellants but they could not succeeded and in the course of intervention, all the accused-appellant assaulted them also and thereafter, they run away from the place of occurrence.