SATYAVEER & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MANDROOP alongwith his two sons Satyaveer and Mukesh and daughter -in -law Lichhma Devi W/o. Satyaveer, were nominated as accused in case arising out of FIR No.86/05, registered at Police Station Singhana, District Jhunjhunu for offences under Sections 341, 323, 34 IPC. The above said FIR was investigated and the investigating agency had sent the appellants for trial by submitting a report of investigation under Section 173 Cr.P.C. against them. Trial court charged the appellants for offences under Sections 323 or 323/34, 302 or 302/34 IPC. The learned trial court vide impugned judgment dated 27.2.2008 held the appellant Satyaveer guilty of offence under Section 302 IPC and convicted the remaining three accused Mandroop, Mukesh and Smt. Lichhma Devi for offence under Section 302/34 IPC. All the four appellants were also convicted for offence under Section 323 IPC. Having convicted the appellants for aforesaid offences, vide an order of even date, the trial court sentenced them as under: -

(2.) CRIMINAL proceedings in the present case were initiated on the basis of written report (Ex.P.15) presented by Nokaram deceased before Ramnath Singh (P.W.13/1). On the basis of written report (Ex.P.15), formal FIR (Ex.P.18) bearing No.86/05 was registered at Police Station Singhana, District Jhunjhunu.

(3.) IN the written report (Ex.P.15), Nokram stated that on 17.4.2005 at about 8.15 AM over common boundary/ridge of the field, Rajesh and Ramesh sons of Nokram had gone to the common boundary/ridge of the fields where Mandroop S/o. Shobharam, Satyaveer S/o. Mandrooop and Mukesh S/o. Mandroop and Lichhma Dev W/o. Satyaveer were cultivating black gram (Channa) crop. Seeing Rajesh and Ramesh on the common boundary/ridge of the field, accused came out armed with Jaili and Kulhada and attacked upon Rajesh and Ramesh. Nokram stepped forward to save his sons Rajesh and Ramesh. Then Satyaveer gave a Jaili blow to Nokram due to which he fell at the spot. At that time, Mohar Singh and his wife also came forward to separate the accused and the complainant. Then Mukesh caused an injury with a Jaili to Roshan Devi W/o. Mohar Singh. She also fell on the ground. Mohar Singh came forward to save his wife. Then Satyaveer and Mukesh caused Jaili injury on his right hand. His right hand was injured. On this it as said to the accused 'foolish persons do not cause injuries, somebody will die'. Thereafter Nokram and Roshani Devi were brought from the fields by Ravi and Naresh.