KANHIYA LAL @ KANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 19.3.2005 passed by Additional Sessions Judge (Fast Track) No.1, Jhalawar in Sessions Case No. 29/2005 whereby the accused appellants have been convicted and sentenced as under:

(2.) THE brief facts of the case as per the prosecution are that PW/2 Prabhulal stated in Parcha Bayan (Ex.P/2) that on 3.12.2004 at 7.00 AM he, his wife Kanti Bai and children Dushyant, Seema and Teena all went to their agricultural field 'Doliwala'. A dry tree of Babool is on the boundary of the land. When they reached there, they saw that Kanhaiya Lal and his wife Janki Bai both were cutting tree with Axe. He further stated that he and his wife Kanti both raised objection for the same but Kanhaiya Lal asserted that he owned the tree and also threatened him to finish. Thereafter Kanhaiya Lal ran away from the place of occurrence, brought stick and inflicted stick blow to him when Kanti Bai intervened, Janki Bai inflicted Axe blow on the head of Kanti Bai, immediately she fell down. The witness further stated that he fell over his wife to save her. Kanhaiya Lal inflicted stick injuries to him on head, leg, hands etc. On raising cries Pappu and Ramkishan came there and on seeing them, the accused ran away. On this statement, FIR No. 238/2004 was registered at Police Station Sarola Kala Distt. Jhalawar and after usual investigation charge -sheet has been filed against the appellants. The case was committed and tried by Additional Sessions Judge (Fast Track) No.1, Jhalawar.

(3.) THE charges have been framed against the appellants for the offences under Sections 302, 307, 307/34, 302/34, 307 and 307/34 which were denied by the accused persons and they claimed to be tried. The prosecution has examined PW/1 Kunjbihari, PW/2 Prabhu Lal, PW/3 Dushyant, PW/4 Seema, PW/5 Teena, PW/6 Jagannath, PW/7 Prem Prakash, PW/8 Radheshyam, PW/9 Mordhwaj, PW/10 Pappu, PW/11 Dr. Kuldeep Singh, PW/12 Dr. Gauri Shankar Chauhan, PW/13 Ram Narayan, PW/14 Kaushal Kumar, PW/15 Ram Kishan, PW/16 Badri Lal, PW/17 Puspendra, PW/18 Nand Kishore and PW/19 Dr. Abdul Jahir to support its case. Prosecution has also relied upon documents Ex.P/1 to P/30.