PAPPU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Pappu Lal son of Shri Shyoji Lal, aged 20 years, his father Shyoji Lal, aged 50 years, two brothers, namely Abhay Singh and Ratan Lal, sons of Shyoji Lal aged 30 years and 26 years, respectively, were tried by the court of Additional Sessions Judge (Fast Track) No.3, Bundi, for the offences punishable under Sections 147, 148, 149, 341, 323 and 302 IPC.

(2.) The trial court vide impugned judgment dated 28.9.2004, acquitted co-accused of the appellant, namely Ratan Lal brother, and Shyoji father, for all the offence, i.e. for offences under Sections 147, 148, 341, 323 and 302/149 IPC. The trial court also acquitted Abhay Singh for the offences, under Sections 147, 148, 341 and 302/149 IPC. However, Abhay Singh was convicted for the offence under Section 323 IPC and was released on probation under Section 4 of the Probation of Offenders Act. The trial court acquitted the present appellant, Pappu for the offence under Sections 147, 148, 341 and 323 IPC. However, the trial court held the appellant Pappu guilty of offence under Section 302 IPC and sentenced him to undergo life imprisonment and pay a fine of Rs. 1,000/-, in default thereof, to undergo one month's simple imprisonment.

(3.) In the present case, the statement of injured Abhay Singh, PW-9, son of Sultan, was recorded at Primary Health Center, Dei, District Bundi, by Assistant Sub Inspector, Prem Chand, who was then posted at Police Station Dei, District Bundi. Abhay Singh in his statement stated that on 1.8.2003, at about 6:00 PM, he was present in his house. He heard noise outside his house, as his brother Gopal Singh was being given injuries. The witness, Abhay Singh, PW-9, came running out of the house and saw that Abhay Singh son of Shyoji, Ratan Lal and Pappu sons of Shyoji and Shyoji son of Deepa, were giving injuries to his brother, Gopal with lathis. Abhay Singh, PW-9, along with Manphool and Mangi Lal went to the place of occurrence. They intervened to rescue Gopal. At that time, Abhay Singh son of Shyoji, who was having lathi in his hand, gave an injury on the left shoulder of Abhay Singh son of Sultan, PW-9. He also gave another injury on the right cheek, from which blood started oozing. Ratan Lal son of Shyoji, was having wood in his hand, he gave an injury on the back of the head of Gopal, from which blood started oozing. Pappu, was having Gandasi in his hand. Meanwhile, Radha Bai, wife of Abhay Singh son of Sultan, came to save them and suffered Gandasi injury on left side of head at the hands of Pappu Lal, the accused appellant. She became unconscious and fell on the ground. Shyoji, who was having wood in his hand, gave one injury to Manphool, (complainant's Baba). On the left hand and another injury was caused on his head from which blood started oozing. Meera, the wife of Abhay Singh gave one stone injury to Mangi Lal. This injury was caused on ankle and blood started oozing. On raising of noise, Hukmaram, Dhumaram, Dudharam, Hari Singh and Kashi Ram came at the spot and saved the complainant party and his family members, otherwise accused would have caused more injuries.