BHAGWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Bhagwan Singh alongwith his brothers Bhanwar Lal, Gulab Chand, Rajendra, Meghraj, Bahadur Singh and Bablu s/o. Banshilal, Mukut Bihari, Ramesh Chand, Chhotulal and Raju @ Rajmal all sons of Raghunath were tried by the Court of Additional Sessions Judge (Fast Track) Chhabda for committing murder of Laxmi Narain on 14.11.2005 at 12.00 noon in Village Malmoja Sarsodiya near the field of Madan Singh, father of the present appellant Bhagwan Singh. In the occurrence, Lakhan Lal (P.W. 1), Heera Lal (P.W. 12), Om Prakash (P.W. 16), Shivdutt (P.W. 20) and Jodhraj (P.W. 26) had suffered injuries.

(2.) The Court of Additional Sessions Judge (Fast Track), Chhabda vide impugned judgment dated 6.2.2008 held the present appellant Bhagwan Singh guilty of offence under Sec. 302 IPC for causing one incised injury on the head of Laxmi Narain with Gandasa. Co -accused of the appellant, namely Mukut Bihari, Chhotu Lal and Ramesh Chand were convicted for offence under Sec. 323 IPC, whereas co -accused Bahadur Singh was convicted for offence under Sec. 325 IPC. Out of eleven accused tried, remaining accused Raju @ Rajmal, Meghraj, Gulab Chand, Bablu, Bhanwar Lal and Rajendra were acquitted of offences under Ss. 148, 302/149, 323/149, 325/149 IPC. Having convicted the appellant for offence under Sec. 302 IPC, the trial court vide a separate order of even date sentenced the appellant to undergo life imprisonment and pay a fine of Rs. 5000/ - in default thereof, to undergo one year rigorous imprisonment.

(3.) Mukut Bihari, Chhotu Lal and Ramesh Chand convicted for offence under Sec. 323 IPC and Bahadur Singh who was convicted for offence under Sec. 325 IPC were ordered to be released on probation.