KISHNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants herein along with other seven accused were put up for trial before the Additional Sessions Judge, Hindaun City. THE Trial Court by its judgment dated 17. 7. 1999 in Sessions Case No. 13/1994 convicted accused appellants Kishna, Ram Khiladi and Mota under S. 302/34 IPC and sentenced them to undergo imprisonment for life and fine of Rs. 500/- each, and in default of payment of fine further three months rigorous imprisonment.

(2.) IN a nutshell the prosecution story is that on 29. 8. 1993 at 8. 30 p. m. , a `parcha bayan'-Exhibit P1 of Babulal, injured, was recorded in the Govt. Hospital Todabhim, to the effect that at about 5. 00 pm his cousin Chouthi was returning after grazing cattle and when he reached near the agricultural field of Kishna Meena on National Highway No. 11 accused Kishna, Ram Khiladi, Mota along with other accused persons, armed with deadly weapons came and started beating Chauthi. On hearing hue and cry, Prabhu, Narain, Badri, Prasadi, Ghamman, Kailash, Sitaram, Manki and he himself rushed to the spot. They were also beaten by the accused persons, as a result thereof Prabhu sustained serious injuries inflicted by `dhariya' and `gandasi'. On the said `parcha bayan', FIR No. 203/1993 was registered under Ss. 147, 148, 307, 323, and 379 in Police Station Todabhim and investigation commenced. During the investigation, injured Prabhu succumbed to his injuries. On completion of investigation, chargesheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge, Hindaun City. Charges under S. 148, 302/149, 325/149, 323/149 and 323 IPC were framed against the accused persons, who denied the charges and claimed trial. The prosecution, in support of its case, examined as many as 23 witnesses. Statements under S. 313 Cr. P. C. were recorded wherein accused denied the prosecution case. Further explanation was given that Chauthi left cows and buffaloes in their field who damaged the crop. On this some hot words were exchanged and also abusive words hurled by Chauthi on Kamla. On hearing this, Natholi son of Kamla slapped Chauthi out of annoyance. IN the evening, members of the complainant party-Babulal, Ram Singh, Sitaram, Sheoji, Chauthi etc. came to the house of the accused persons, armed with weapons and started beating them causing simple and serious injuries.

(3.) ON the other hand learned Public Prosecutor supported the impugned judgment and urged that prosecution has been able to prove that accused appellants inflicted several injuries and on account of these injuries deceased Prabhu succumbed. Thus the conviction recorded by the Trial Court does not require any interference.