HARCHANDA Vs. STATE OF RAJASHTAN

JUDGEMENT

(1.) The appellant, along with two other accused, was placed under trial before the Additional Sessions Judge, Malpura (Tonk) in Sessions Case No. 1711998. Learned Additional Sessions Judge, vide judgment dated 19-5-2000, while acquitting the appellant from the charge under S. 307, 307/34, IPC convicted and sentenced him for life imprisonment under S. 302, IPC along with fine of Rs. 1000/- in default to further undergo three months' imprisonment, and under S. 323, IPC, three months' imprisonment. Both the sentences were directed to run concurrently. The other two accused viz. Kishna and Satyanarayan alias Dinya, were acquitted from the charges under Ss. 307, 307/34, 302, 302/34, IPC, but were hold guilty under S. 323, IPC and sentenced for the period already undergone by them under S. 323, IPC.

(2.) The prosecution case, as unfolded during trial, briefly, is that on 13-2-1998 'parcha bayan' (Exhibit P.7) of P.W. 4 Smt. Ganga was recorded in the Govt. Hospital, Malpura to the effect that on 11-2-1998 at about 11 a.m. when she was in her fields, Satyanarayan alias Dinya son of Harchanda appellant, in her absence, misbehaved with her daughter Meera, but on his brother Kishna's intervention, Dinya ran away. On 12-2-1998, when her husband Amalya, who had gone to Bundi 4-5 days back, returned, Meera narrated the incident to him. Thereupon he went to the house of Harchanda to complaint about his son Dinya's conduct, but Amalya was beaten up there by Harchanda, Kishna and Dinya. On hearing hue and cry, she (Smt. Ganga) and her two sons Gordhan and Hanuman went there to rescue Amalya, but they were also subjected to severe beatings by them, namely Harchanda, Kishna and Dinya, as a result thereof Amalya, Gordhan and Hanuman fell unconscious. Thereafter, they were taken to the hospital for treatment.

(3.) On the said 'parcha bayan' FIR No. 18/1998 was registered under Ss. 354, 323, 307/34, IPC at police station Malpura and investigation commenced. During investigation, injured Hanuman succumbed to his injuries in the SMS Hospital, Jaipur on 13-2-1998 at 11-55 p.m. On completion of investigation charge-sheet was filed and in due course, the case came up for trial before the learned Additional Sessions Judge, Malpura. Charges under Ss. 302, 307, 323 in alternate 302/34, 307/34, 323/34, IPC, were framed against the appellant and the two other accused, who denied the charges and claimed trial. The prosecution, in support of its case examined as many as 18 witnesses. Statements under S. 313, Cr. P.C. were recorded, wherein the accused denied the prosecution case. Appellant Harchanda further explained that the complainant and her associate have beaten him and his sons, and that they have falsely been implicated in this case. However, no evidence was produced in defence.