LALCHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal under Sec. 374(2) Cr.P.C. has been preferred by the accused-appellants against the judgment of conviction and order of sentence dtd. 25/7/2019 passed by the learned Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, Hanumangarh in Criminal Case No. 62/2016 (State of Rajasthan Vs. Lalchand & Ors.), whereby the accused-appellants have been convicted and sentenced as under:-

(2.) Brief facts of this case, as placed before this Court are that one Jagveer Kaur (Complainant and PW-1), on 20/8/2016 while being admitted in trauma ward of Government Hospital, Hanumangarh, gave a Parcha Bayan in the presence of a Police Officer, wherein she stated that 20-25 days ago she had a dispute with her neighbors accused-appellant Lalchand and others with respect to water drainage channel. It was also stated that because of the said dispute cases were also registered, and because of the said reason the accused-appellant Lalchand and his family members held enmity against the complainant, her husband and her family.

(3.) Mr. J.S. Chouhdary, learned Senior Counsel, assisted by Mr. Pradeep Choudhary and Ms. Sampati Choudhary, appearing for the accused-appellants submitted that the learned Trial Court has not appreciated the evidence on record in the right perspective, and there are material contradictions, omissions and improvements in the testimony of the prosecution witnesses. It was submitted that Jagveer Kaur (complainant and PW-1) in the Parcha Bayan stated that the accused-appellant Palaram had a Kaapa which he used to inflict the injuries to her and the deceased. However, it was contended that, in the testimony before the Court PW-1 stated that the same accused-appellant yielded an Kulhadi as a weapon.