ISHWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been filed by three accused-appellants namely Ishwar, Sunil and Dharm Singh, assailing the judgment and order dated 26.10.2005 passed by Additional District and Sessions Judge, Khetri, District Jhunjhunu (for short 'the trial court') whereby the accused-appellants have been convicted for the offences punishable under Sections 302/34 or 302 and 341 IPC. Accused-appellants Ishwar and Sunil, convicted under Sec. 302/34 IPC, have been sentenced to life imprisonment with fine of Rs. 1,000.00, in default whereof, they would have to further undergo rigorous imprisonment of one year. Similarly, accused-appellant Dharm Singh, convicted under Sec. 302 IPC, has also been sentenced to life imprisonment with fine of Rs. 1,000.00, in default whereof, he would have to further undergo rigorous imprisonment of one year. Each of the accused-appellants, convicted under Sec. 341 IPC, has been sentenced to one month's simple imprisonment.

(2.) Factual matrix of the case is that one Jyani Devi (RW.2) submitted a written report (Exhibit P-17) to S.H.O., Police Station Buhana in Village Kalva at 5.30 P.M. on 14.09.2004 stating therein that while she was standing in front of her house at about 3.00-3.30 P.M., she saw that certain people were beating her brothers namely Hawa Singh and Krishan, in front of the house of Ishwar. Ishwar S/o. Nanadram, Sunil S/o Ishwar, Shubh Ram S/o. Nanadram, daughter of Ishwar, wife of Ishwar Sumitra and Dharm Singh Jat and several other males and females were amongst those, who were beating her two brothers. These people were causing injuries to Hawa Singh and Krishan by Jelly, Kulhada, Lathi and Barchi etc. Her brothers sustained injuries which led to their death. Ishwar and Sunil dragged them into the house of Ishwar. Their dead bodies were still lying in the house of Ishwar.

(3.) On receipt of the aforesaid written report (Exhibit P-17), a regular FIR No. 232/2004 (Exhibit P-18) was chalked out for offences under Sections 147, 148. 149, 341 and 302 IPC. Accused were arrested and after investigation, the police filed challan against six persons. The trial court framed charges against the accused persons under Sections 120B, 147/148, 341, 302 or 302/149 IPC. The accused denied the charges and claimed trial. The prosecution produced 15 witnesses and exhibited 38 documents. Thereafter, the accused were examined under section 313 Crimial P.C. wherein they pleaded innocence. In defence, they examined three witnesses and produced 33 documents. The trial court, on conclusion of the trial, vide judgment and order dated 26.10.2005 acquitted the co-accused namely Shubh Ram, Smt. Sumitra and Smt. Krishna, but convicted and sentenced the accused-appellants in the manner indicated above.