RAM NARAYAN & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 2.2.2006 passed by Additional Sessions Judge (Fast Track) No.1, Jaipur District Jaipur in Sessions Case No. 103/2003 whereby the appellants have been convicted and sentenced as under:

(2.) THE facts in short are that PW/3 Shankar Lal lodged a written report (Ex.P/1) on 5.12.2002 at Police Station Shivdaspura, Jaipur with the contention that he is resident of Chandlai. On 5.12.2002 at 8.30 A.M., Ram Narain, Ramavtar, Madan, Pooran, Babulal, Hanuman, Sheyoji, Sitaram, Madan S/o Hanuman, Raju, Laluram etc. armed with sticks, Pharsa and Axe etc. came to their house and started beating ladies of the house. Sita Devi w/o Ram Narain, Panchi Devi w/o Ramavtar and Dhapu Devi w/o Nathu Bhai also came behind them and they started throwing house -hold articles. Nathu Panda ran behind him having Axe in his hand. Blow was inflicted on the head of Hanuman and Rameshwar. It is also contended in the written report that earlier also accused persons gave beating to them for which report was lodged and case is pending. On this written report, FIR No. 265/2002 was registered and after investigation, charge -sheet was filed against five appellants namely Ram Narayan, Madanlal, Ramavtar, Pooran and Shyojiram and qua rest of the accused, investigation was kept pending under Section 173 (8) Cr.P.C. The case was committed and tried by Additional Sessions Judge (Fast Track) No.1, Jaipur District, Jaipur.

(3.) THE charges were framed against the appellant Ram Narayan for offence under Sections 147, 447, 323, 302 IPC and against rest of the accused for offence under Sections 147, 447, 323, 302/149 IPC. The said charges were denied by the accused and they claimed to be tried.