CHETAN & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This jail appeal is directed against the judgment of trial court dated 4.8.89 of Sessions Judge, Sikar in Sessions case No. 12/89, whereby the accused-appellants have been convicted and sentenced as under:- Name of accusedConviction under SectionsSentence 1Chetan302 IPCLife Imprisonment, fine of Rs. 50/-, in default of payment 1 month S.I. 447 IPC1 month SI, fine of Rs. 25/-, in default of payment of fine 1 month SI. 325/34 IPC1 year SI, fine of Rs. 100/-, in default of payment of fine 3 months SI. 324/34 IPC6 months SI, fine of Rs. 50/-, in default 2 months SI. 323/34 IPC3 months SI, fine of Rs. 50/-, in default 1 month SI. 2Vimla302/34 IPCLife Imprisonment, fine of Rs. 50/-, in default 1 month SI. 447 IPC1 month SI, fine of Rs. 25/-, in default 1 month SI. 325 IPC1 year SI, fine of Rs. 100/-, in default 3 months SI. 324 IPC6 months SI, fine of Rs. 50/-, in default 2 months SI. 323 IPC3 months SI, fine of Rs. 50/-, in default 1 month SI. 3Dhanna Ram and Vmod302/34 IPCLife Imprisonment, fine of Rs. 50/-, in default 1 month SI. 447 IPC1 month SI, fine of Rs. 25/-, in default 1 month SI. 325/34 IPC1 year SI, fine of Rs. 100/- in default 3 months SI. 324/34 IPC6 months SI, fine of Rs. 50/-, in default 2 months SI. 323 IPC3 months SI, fine of Rs. 50/-, in default 1 month SI.

(2.) The prosecution case is that on 27.12.88 the parcha bayan of Kamlesh Kumar s/o Pushkar Sharma (deceased) was recorded. He alleged that about 20 years back his father Pushkar (deceased) has purchased the agriculture land from accused Chetan. Today at about 9.45 a.m. while his father (deceased), mother and the informant along with other labourers were cutting the looms of Khejri tree in the field, the accused-appellant Chetan Sharma, his wife Vimla and his sons Vinod and Dhanna Ram came, armed with deadly weapons barchi, gandasi and sticks, on the spot and threatened that get out from the agricultural land. On that Pushkar (deceased) told them that we have purchased the land, therefore we will cut the looms. On that the accused- appellant Vimla w/o Chetan has given a gandasi blow on the forehead of informant's mother Shanti. While intervening by Pushkar, the accused Chetan has given a farsi blow on the head of deceased (Pushkar) and both the sons of accused Chetan namely Dhanna Ram & Vinod also gave lathi blows to the informant Kamlesh. On that the FIR has been recorded. The case has been registered under Sections 307, 323 and 447 IPC on 27.12.88 itself. Shri Pushkar died in hospital, therefore, the case has been converted into Sec. 302 IPC. During investigation the site-plan (Ex.P. 28) was prepared and blood smeared soil and control soil has been seized and sealed and sent to FSL. The broken pieces of bangles were also seized vide Ex.P-11. The post-mortem of Pushkar was got conducted vide Ex.P-3. The following injuries are found on the person of deceased :-

(3.) Bruise : 5 cm x 3 cm on Rt. shoulder.