LAXMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal impugns the judgment dated June 7, 2003 rendered by learned Additional Sessions Judge No. 1 (Fast Track) Dholpur in Sessions Case No. 67/2002 (Consolidated Sessions Case No. 68/2002), whereby the appellants (herein after described as `accused') were convicted and sentenced as under:- Narayan: U/s. 302 IPC: To suffer Imprisonment for life and fine of Rs. 500/-, in default to further suffer rigorous Imprisonment for one month. Laxman & Roshan: U/s. 323 IPC: Each to suffer Rigorous Imprisonment for three months.

(2.) AS per the prosecution story, the SHO Police Station Diholi recorded parcha bayan of Ramdas (Pw. 1), wherein he stated that today in the morning at 7. 30 AM while he was pouring fertilizer with Ramnath, Gomti and Dhani Ram the neighbouring field holder Narayan Mallah dismantled the wall of the field, which was objected by Dhani Ram. Thereupon Narayan started abusing and asked Roshan to call persons from the house. Roshan called Laxman, Tarayan, Nihal Singh, Bhagwan Singh, Vijay Singh, Rameshwar and Mawasia. Bhagwan Singh and Roshan were having gun in their hands. Roshan gave the gun to Narayan. Tarayan was armed with Katta (country made pistol) and others were having lathis. Narayan fired gunshot at Dhaniram, Bhagwan Singh made another fire and Tarayan made fire by Katta (country made pistol) which pallets hit at Ramnath. Thereafter the accused person ran away. The incident was witnessed by Dhani Ram and Gulab Singh. Dhani Ram, Ramnath and Gomti were removed to the hospital, in the way Dhani Ram died. Case under sections 302, 307, 147, 148 and 149 IPC was registered and after usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 1 Fast Track Dholpur, Charges under Sections 147, 148, 323, 302/149 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 17 witnesses. In the explanation under Sec. 313 Cr. P. C. , the accused claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing the final submissions convicted and sentenced the accused as indicated herein above.

(3.) ESA fnukad 22-10-94 dks Hkh c;ku nsus vk;k Fkka ESAus ml fnu uks vknfe;ksa dk eksds ij vkuk o Hkxoku flag ij cunwd o rjk;u ij dv~vk gksuk o mu lhkh ds }kjk gESA ?ksjuk xyr fy[kk;k Fkka mlESA esus jes'k o fot;flag }kjk ykfb;ksa ls ekjuk] ihns ls /kuhjke ds cunwd Hkxoku flag }kjk ekjuk] nwljk Qk;j dv~vk }kjk /kuhjke ij rkjk }kjk fd;k tkuk vksj mldk jkeukfk ds yxuk ESAus xyr fy[kk;k Fkka**