GIRVAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) GIRVAR Singh, Bhanu @ Suraj Bhan, Ratan Singh, Smt. Gita Devi and Smt. Beena, the appellants herein, were put to trial before the learned Additional Sessions Judge (Fast Track) Behror, who vide judgment dated November 28,2002 convicted and sentenced them as under:- u/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer simple imprisonment for three months. u/s. 326/149 IPC: Each to suffer rigorous imprisonment for five years and fine of Rs. 300/-, in default to further suffer simple imprisonment for one and a half month. u/s. 324/149 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 200/-, in default to further suffer simple imprisonment for one month. u/s. 323 IPC: Each to suffer imprisonment for three months and fine of Rs. 100/-, in default to further suffer simple imprisonment for fifteen days. u/s. 148 IPC: Each to suffer rigorous imprisonment for six months and fine of Rs. 200/-, in default to further suffer simple imprisonment for fifteen days. The substantive sentences were ordered to run concurrently.

(2.) PUT briefly the prosecution case is as under:- On October 2, 1999 Smt. Bharpai Bai (PW. 3) submitted a written report (Ex. P. 1) at Police Station Bansoor to the effect that on the said day around 8 AM her husband Shakti Dan Singh (since deceased) and son Dilip Singh were going to their field for cultivating the same on a tractor belonging to Kailash Jat. On the way Girvar Singh, Bhairo Singh, Ratan Singh, Bhanu and their ladies Gita, Kamla Bina and Kunti assaulted Shaktidan Singh and Dilip Singh and started beating them. When Munesh (grant daughter of Shakti Dan Singh) tried to save Shakti Dan Singh she was also beaten up. Shakti Dan Singh died on the spot. On that report police station Bansoor registered a case and investigation commenced. Necessary memos were drawn. Statements of witnesses were recorded. Dead body was subjected to autopsy. The appellants were arrested and on completion of investigation charges sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Behror. Charges under Sections 148, 302, 302/149, 307, 326, 324 and 323 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 26 witnesses. In the explanation under Section 313 Cr. P. C. , the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) AT this juncture is will be appropriate to consider the injuries received by accused Surajbhan Singh. He vide injury report (Ex. D. 8) received following injuries:- 1. Incised wound 3 cm x 3/4 cm x 1 cm Lt. forearm below elbow joint. 2. Old Bruise 5 cm x 2 cm on back of chest of scapular region. 3. Complaint of pain on back of neck. 4. Swelling on Rt. occipital parietal region.