RAJESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is filed by the accused- appellant (for brevity, "appellant") against the judgment dtd. 19/12/1988 passed by learned Special Judge, Dacoiti Affected Area and Additional Sessions Judge, Karoli (for brevity, "learned Trial Court") in Sessions Case No. 10/1988 whereby, he has been convicted and sentenced as under :-

(2.) The relevant facts in brief are that an FIR dtd. 11/8/1986 (Ex.P-2) came to be registered at Police Station Karoli under Ss. 452, 307 and 323 IPC on a written report dtd. 11/8/1986 (Ex. P1) lodged by Shri Gaya Prasad (PW-1)- brother of the deceased Brij Mohan @ Binda. It was stated in the report that the appellant alongwith co-accused persons entered the residential house of his brother Durga Prasad and inflicted lathi blows on the head of Brij Mohan @ Binda resulting into grievous injuries. During the course of investigation, Brij Mohan @ Binda expired whereupon, Sec. 302 IPC was added. The police after investigation filed charge-sheet against the appellant and co-accused persons for the offence under Ss. 302, 453 and 323 IPC. Charge under Sec. 302 IPC was framed against the appellant and against remaining three co-accused persons, it was framed under Sec. 302 IPC read with Sec. 34 IPC. After trial, while, the co-accused persons were acquitted from the charge for the offence under Sec. 302/34 IPC, the appellant has been convicted and sentenced as stated hereinabove.

(3.) Learned Counsel for the appellant submits that although, there is only one injury on the head of deceased with blunt weapon which has been found to be fatal and which, as per the FIR and the statement of some of the eye-witnesses, is attributed at least to two persons including the appellant; but, without pressing the appeal on its merits, he would pray that while maintaining the conviction, the appellant, who has been facing trauma of this criminal case for last about thirty eight years, is aged about sixty six years and has served the sentence for a period of about six months, the sentence awarded to him be reduced to the period already undergone. He, in support of his submissions, relies upon a Division Bench judgment of this Court in the case of Nagia Vs. State of Rajasthan, RLW 1990(1) 99.