VIKRAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been filed by the appellant-accused Vikram Singh under Sec. 374(2) of the Code of Criminal Procedure being aggrieved by the impugned judgment & sentence dated Judge, Churu Rajasthan (hereinafter referred to as the 'Trial Court') in Sessions Case No. 113/1992, vide which the appellant-accused was convicted for the offences under Ss. 302 and 452 of the Indian Penal Code and sentenced as under:- Offence Sentence Fine Rs.100.00 and in default of payment of fine to 302 IPC Life imprisonment further undergo one month's S.I. 452 IPC rigorous - One year's imprisonment Both the aforesaid sentences were ordered to run concurrently.

(2.) Brief facts of the case are that on 28/2/1991 Sawai Singh gave his statement before the Chief Constable Satveer Singh to the effect that on 27/2/1991 at about 10.00 pm he was going to the shop of Ramu Ji from his house. His elder brother Amar Singh and younger sister Maina were present there at his house. On the way he met with Kishan Singh who took him to his house where Tara Singh, the father of Vikram Singh has asked him that on the festival of Holi do not indulge in quarrel. After sometime Pratap Singh came to him who told him that some quarrel took place at his house and when he rushed to the home he saw that his brother Amar Singh was lying on the ground and the blood was oozing from his head and his sister was crying who told him that Vikram Singh, Swaroop Singh, Mohan Singh and Uman Singh armed with Barchhi, rifle and lathi entered into their house and Vikram Singh hit on the head of Amar Singh with Barchhi and due to which Amar Singh fell down on the ground. She also stated that at the time of incident Tulchharam and Chandra Singh were also present there and on intervening by them accused Vikram Singh along with other three accused persons left the house. Thereafter they took the injured Amar Singh to Biwasar on tractor. Accused Vikram Singh with the intention to commit murder assaulted his brother Amar Singh on head who received head injury and therefore, his brother was unconscious.

(3.) On the aforesaid complaint, an FIR bearing No. 24/1991 for the offences under Ss. 452, 307, 323/34 of the Indian Penal Code has been registered against the accused persons at the Police Station Chhapar, District Churu and the investigation commenced.