RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, four in number, along with four other co-accused were put to trial before the learned Additional Sessions Judge (Fast Track) No. 2 Jhalawar, who vide judgment dated February 10, 2003 convicted and sentenced the appellants as under:- Ram Singh, Vikram Singh, Dhara Singh and Meharban Singh: u/s. 302/34 IPC: Each to suffer imprisonment for life and fine Rs. 2000, in default to further suffer two months rigorous imprisonment. u/s. 307/34 IPC : Each to suffer rigorous imprisonment for seven years and fine Rs. 1000, in default to further suffer one month rigorous imprisonment. u/s. 326/34 IPC: Each to suffer rigorous imprisonment for five year and fine Rs. 1000, in default to further suffer one month rigorous imprisonment. u/s. 325/34 IPC: Each to suffer rigorous imprisonment for three years and fine Rs. 500, in default to further suffer fifteen days rigorous imprisonment. u/s. 324/34 IPC: Each to suffer rigorous imprisonment for one year and fine Rs. 500, in default to further suffer fifteen days rigorous imprisonment. u/s. 323/34 IPC: Each to suffer rigorous imprisonment for three months and fine Rs. 250, in default to further suffer ten days rigorous imprisonment. Substantive sentences were ordered to run concurrently. THE other four accused however were ordered to be acquitted.

(2.) AS per the prosecution story parcha bayan (Ex. P. 1) of Durga Singh who was admitted in hospital Pidawa was recorded on October 27, 2000, wherein he stated that on the day of Diwali around 3 PM when he after arranging fodder for cows in the Nohra of Ratan Lal, was gong in the company of Darbar Singh, Karan Singh and Lal Singh to the house, Ram Singh, Vikram Singh S/o Parbat Singh, Dhara Singh, Dinesh Singh, Jujhar Singh, Bhagwan Singh, Meharban and Vikram Singh S/o Nathu Singh armed with knife, sword and lathis belaboured them and started beating them. Vikram Singh caused knife injuries on the right hand of Durga Singh and Dhara Singh caused injury with sword on his back. Vikram Singh also caused knife injuries on head and stomach of Sardar Singh. Vikram Singh also caused knife injuries on stomach of Darbar Singh. Hearing hue and cry Gokul Singh (since deceased), Tanwar Singh and Mangi Lal came over there and intervened. Dhara Singh inflicted sword blow on the palm of Tanwar Singh. Meharban Singh caused injuries with lathi on left hand, head and back of Mangi Lal. Dhara Singh gave sword blow on the head of Gokul Singh, Vikram Singh inflicted knife injury on his wrist of left hand. When Gokul Singh fell down Vikram Singh inflicted knife injury, Ram Singh gave blow with iron rod on his head and Dinesh & Jujhar Singh gave lathi blows due to which Gokul Singh died on the spot. On the aforesaid parcha bayan a case under Sections 302, 147 148, 149, 307 and 323 IPC was registered and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 2, Jhalawar. Charges under Sections 147, 148, 323, 324, 325, 326, 307 and 302 read with 149 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 22 witnesses. In the explanation under Section 313 Cr. P. C. , the appellants claimed innocence. Appellants stated that the complainant party under the influence of intoxication attacked on them and caused injuries for that incident Ram Singh lodged the report against complainant party and cross case was registered. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) WE deem it appropriate to narrate the injuries sustained by the accused persons in the incident. Accused appellant Ram Singh vide injury report (Ex. D. 11) received following injuries:- 1. Lacerated wound 1" x 1/4" x 1/4" Rt. Occipital part of skull. 2. Lacerated wound 1 1/2" x 1/2" x 1/4" left occipital part of skull. 3. Abrasion 1 1/2 x 1/4" x 1/2" post aspect of Rt. Shoulder. Accused appellant Dhara Singh s/o Parwat Singh vide injury report (Ex. D. 12) sustained following injuries:- 1. two lacerated wound 1 1/2" x 1/2" x 1/4" and 1" x 1/2" x 1/4" left parietal part of head 2. Lacerated wound 3" x 1/4" x 1/4" middle of parietal part of head. Vide X-ray report (Ex. D. 13) he sustained fracture of left parietal part of skull. Injury report (Ex. D. 14) of accused appellant Vikram Singh reads as under: 1. Lacerated wound 1/2" x 1/4" skip deep middle of parietal part head. 2. Abrasion with swelling 1/2" x 1/4" Lt. wrist. 3. Bruise 3" x 1" Rt. Forearm