RATAN LAL AND OTHERS Vs. STATE

JUDGEMENT

(1.) This D.B. criminal Appeal has been filed by the accused appellants against the judgment of learned Sessions Judge, Sikar, dated 21.2.1983. The appellants have been convicted and sentenced by the learned Sessions Judge in the following manner:

(2.) The case as alleged by the prosecution is that on June 8, 1982, Laxman s/o Hukma Ram was taking his meals at about 9 p.m., in his house situated at village Hatmaser, police station Ramgarhsethan. The accused Ratan Lal who was Laxman's uncle's son came to the house of Laxman and told him that the accused (Ratan Lal) had a right to abuse his sister and Laxman had no right or concern to raise any objection in this regard. An altercation took place between Laxman and Ratan Lal and thereafter Ratan Lal took Laxman by force catching hold the hand of Laxman, in his own guwari. In the Guwari of Ratan Lal, Ram-kauri and his sons Mahaveer and Omprakash were also present and Ramkauri asked the sons to give beating to Laxman. The prosecution story further is that Mahavir and Om Prakash brought jellies. Ramkauri was armed with a gandasi and Ratan Lal had a Dantli in his hand and all these four persons then started giving beating to Laxman. Laxman became unconscious and fell on the ground on account of the injuries. After some time Sheokanwari and Parmashwari also reached on the spot to rescue Laxman but Ramkauari w/o Ratan Lal inflicted injury on the head of Sheokanwari by gandasi. Ramkauri also inflicted injuries on the left hand and other places on Sheokanwari. Ratan Lal inflicted injuries on the body of Parmeshwari. On raising cry, Amin, Wahid and Ahmed Ali came on the spot and they rescued the injured persons from the beating given by the accused persons. Thereafter, the villagers also reached on the spot. Laxman was taken to Seth J.P. Bhartiya Hospital, Fatehpur and on the same night at about 1.30 a.m. Chouthmal, A. S. I, also reached the hospital Chouthmal. A S.I. P. W. 12, recorded the statement of Sheokanwari and as the place where the incident had taken place fell within the jurisdiction of the Police Station Ramgarhsethan, he sent the papers for further investigation to Police Station Ramgarhsethan. The Police registered a case under section 307 IPC. In the same morning at about 6. a.m. Laxman succumbed to the injuries. The autopsy of the dead body of Laxman was conducted by Dr. Yudhvir Singh P. W. 1. and he found the following injuries on body of the Laxman:-

(3.) The police then converted the case from 307 Penal Code to 302 Penal Code and arrested all the four accused persons. During the investigation Gandasi, Dantli and jellies were also recovered at the instance of the accused persons. The police after completing the investigation filed a challan against the three accused appellants in the court of Munsif Magistrate, Sikar, who subsequently committed the case for trial to the Court of Sessions Judge, Fatehpur. The 4th accused was a juvenile and under 16 years of age, as such a separate challan was filed against him in the Childrens Court, which is said to be still pending.