CHETAN AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Convicted and sentenced for offences under Sections 302/149, 307/149, 148, 447 IPC by judgment dated 9.9.2005, passed by the Additional Sessions Judge (Fast Track) Baran, the appellants have approached this court. For offence under Section 302/149 IPC, the appellants have been imposed with sentence of life imprisonment, imposed with a fine of Rs.1000/- and directed to further undergo four months of simple imprisonment in default thereof. For offence under Section 307/149 IPC, they have been sentenced to four years of rigorous imprisonment, imposed with a fine of Rs.500/-, and directed to undergo two months of simple imprisonment in default thereof. For offence under Section 447 IPC, they have been sentenced to two months of rigorous imprisonment; for offence under Section 148 IPC, they have been sentenced to one year of rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) Briefly, the prosecution case is that on 25.7.2004, at 2.30 PM, Ram Gopal (P.W. 4) gave a written report (Ex.P. 4) to ASI, Udai Raj Singh (P.W.22), at the Government Hospital, Baran. According to him, "around 1.00 PM while he was looking after his field, Ranjeet, Chetan, Mahendra, Ramlal, Shantilal and Shiv Kumar, came into his field, armed with sharp edged weapons. They started assaulting him. Although he tried to run away, they surrounded him and assaulted him. Due to the assault, he received grievous injuries on his hand, feet and head. His younger brother, Badri Lal, rushed to his rescue. These persons also assaulted him. He received grievous injuries on his hand, feet, waist, and head. Mangilal, Birdhi Lal, Ram Bharosi also rushed to save him. The accused persons ran away. He and his brother have been admitted in the Baran Hospital."

(3.) Udai Raj (P.W.22) presented the said written report before the SHO, Police Station Kotwali, Baran. On the basis of the said written report, a formal FIR (Ex.P. 26) was chalked out for offences under Sections 147, 148, 149, 307, 323, 341, 447 IPC. However, with the death of Badri Lal at M.B.S. Hospital, Kota, the offence under Section 302 IPC was added.