GOPAL & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order dated 30.8.2002 passed by the 'earned Additional Sessions Judge (Fast Track), Jhunjhunu in Sessions Case No. 56/2001 whereby accused-appellants Gopal, Mahender Singh, Rajesh Kumar, Hajari, Shankarlal and Devaram have been convicted and sentenced each as under:- <FRM>JUDGEMENT_111_LAWS(RAJ)2_2005_1.html</FRM>

(2.) Briefly stated the facts of the prosecution case are that on 14.12.96 at about 11.30 a.m. PW11 Narendra Singh S/o Ummed Singh, by caste Rajput, R/o Kithana was going to the house of Indrapal from his house, when he reached near the shop of Dayanand situated in front of Gurdayal's house, accused Gopal caught hold of him from behind and thereafter the remaining appellants inflicted injuries with 'Sword' and 'Barchi' on his person. When PW12 Dalip Singh intervened to save Narendra Singh he was also caused injuries. The incident was seen by Leelu, Hanuman and Ummed Singh. Both the injured were taken to Chidawa hospital for treatment. PW12 Dalip Singh submitted written report Ex.P21 at PS. Chidawa at 8.00 p.m. on the same day. On the basis of written report Ex.P21 formal FIR Ex.P22 was registered and investigation commenced. On completion of investigation charge-sheet was filed against the accused appellants in the competent Court. In due course they came to be tried for the offences punishable under Sections 148, 307, 307/149, 323, 324 and 325 r/w Sec. 149 IPC. To prove these charges the prosecution examined as many as 13 witnesses. In their statement under Sec. 313 Cr.PC. the appellants pleaded innocence and false implication. In defence DW1 Ummed Singh was examined.

(3.) The learned trial Judge after hearing the final submissions, convicted and sentenced the accused appellants as indicated here-in-above.