AMI LAL Vs. STATE OF RAJ

JUDGEMENT

(1.) THE appellants have preferred this appeal under Section 374(2) Cr.P.C. against the judgment and order dated 22.02.1990 passed by the learned Additional Sessions Judge, Nohar in Sessions Case No.42/1988, whereby the appellants -accused were convicted for the offences under Sections 147, 323, 323/149, 304 Part - II and 304 Part -II/149 IPC and were sentenced as under: - Accused Amilal: U/s.304 Part -II IPC : 7 years' RI U/s. 147 IPC : 1 year's RI U/s. 323/149 IPC : 6 months' RI Accused Girdhari Lal: U/s.304 Part -II IPC : 7 years' RI U/s.147 IPC : 1 year's RI U/s.323 IPC : 6 months' RI Accused Shubh Karan: U/s.304 Part -II/149 IPC: 4 years' RI U/s.147 IPC : 1 year's RI U/s.323/149 IPC : 6 months' RI Accused Amar Singh U/s.304 Part -II IPC : 7 years' RI U/s.147 IPC : 1 year's RI U/s.323/149 IPC : 6 months' RI Accused Krishna Chandra: U/s.304 Part -II/149 IPC: 4 years' RI U/s.147 IPC : 1 year's RI U/s.323/149 IPC : 6 months' RI The brief facts of the case are that complainant Ramjilal (PW -4) gave a parcha bayan (Ex.P/12) alleging therein that there is a dispute with Amilal etc. On 09.07.1988, when he and his father Begraj reached to the village and when they were passing from in -front -of the house of Amilal, then suddenly Amilal, Girdhari, Amar Singh, Shubhkaran and Krishna surrounded them armed with lathis and inflicted lathi blows on the leg of his father Begraj due to which his father fell down. Thereafter, Krishna and Shubhkaran caught hold the hands of his father and Girdhari, Amar Singh and Amilal started inflicting lathi blows on the hands and legs of his father. Thereafter, her sister Rukma reached and he and his sister both tried to intervene but they were also beaten. Then Sahabram etc. also reached there. The accused ran away.

(2.) ON the basis of this parcha bayan, the police registered an FIR (Ex.P/12) at P.S. Nohar for the offences under Sections 307, 325, 323, 147, 148, 149 and 341 IPC and investigation commenced. During investigation, Begraj succumbed to the injuries on which Section 302 IPC was added. After investigation, the police filed a charge -sheet in the court wherefrom the case was committed to the court of learned Additional Sessions Judge, Nohar (hereinafter referred to as 'the learned trial court). After hearing, the learned trial court framed charges for the offences under Sections 148, 302/149 and 323/149 IPC to which they denied and claimed trial. To substantiate the charges, the prosecution examined as many as 10 witnesses and exhibited documents. The appellantsaccused were examined under Sections 313 Cr.P.C. wherein they denied and did not lead any evidence in defence. The prosecution, thereafter, moved an application for amendment in charge and the learned trial court, instead of amending the charges, framed charges for the offences under Sections 302, in alternative 302/149 and Section 323/149 IPC against accused Amilal and Girdhari, under Sections 302, in alternative 302/149 and Section 323 IPC against accused Amar Singh and against accused Shubhkaran and Krishna under Sections 302/149 and 323/149 IPC to which they also denied and claimed trial. Charges under Sections 147 and 148 IPC were kept as it is. The prosecution and accused did not choose to lead additional evidence. After trial, the learned trial court, vide impugned judgment and order dated 22.02.1990, convicted and sentenced the appellants -accused as aforesaid.

(3.) BEING aggrieved of the aforesaid judgment of conviction and order of sentence, the appellantsaccused have preferred this appeal, which was admitted for hearing by this court vide order dated 02.03.1990 and record of the learned trial court was called for.