STATE OF RAJASTHAN Vs. MADAN LAL

JUDGEMENT

(1.) The instant criminal appeals arise out of a common judgment and order dtd. 19/5/2009 passed by the learned Additional District and Sessions Judge, Nimbahera ('Trial Court') in Sessions Case No.12/2008 (State of Rajasthan Vs. Madan Lal and Ors.), whereby the learned Trial Court, acquitted the accused (Madan lal, Prakash Chandra, Udai lal and Kishan lal) of the charges against them under Ss. 302/34 and 447 IPC, but convicted and sentenced them as hereunder:

(2.) The matter pertains to an incident which had occurred in the year 2007 and the present appeals have been pending since the year 2009.

(3.) Brief facts of this case, as placed before this Court by the learned Public Prosecutor appearing on behalf of the State, are that on 14/12/2007 at around 12:00 p.m., one Satyanarayan (complainant), while he was under treatment at CHC, Dungla, submitted a written report (Ex.P.10) before the S.H.O., Police Station, Dungla, stating therein that on the said date at around 8:00 a.m. when the complainant went to his well, the accused, came there, armed with an axe and lathi. It was stated in the written report that the accused Prakash and Madan attacked the complainant with axe, and the accused Udai Lal and Kishan Lal forcibly took off the clothes of the complainant and subjected him to grave beatings, as a result whereof, the complainant sustained injuries on the head (by axe), fracture in hand as well as injuries on both the legs. As per the complainant, the said act of the accused persons was intervened by Sohan Lal, Durga Shanker and Udi Bai, who at the relevant time were present at the place of the incident.