INDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INDER Singh and Pop Singh, appellants herein, along with co-accused Prahlad Singh, Sanwat Singh and Mahendra Singh, were put to trial before the learned Additional Sessions Judge (Fast Track) No. 2 Sikar Camp Neemka Thana, who vide judgment dated February 20, 2003, while acquitting co- accused, convicted and sentenced the appellants as under:- u/s. 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/- , in default to further suffer imprisonment for six months. u/s. 323/34 IPC: Each to suffer rigorous imprisonment for one year. The substantive sentences were ordered to run concurrently.

(2.) THE prosecution story is woven like thus:- On January 15, 2000 informant Bhanwar Singh (PW. 3) submitted a written report (Ex. P. 4) at Police Station Patan stating therein that on the said day around 4 PM while he, his brother Bahadur Singh, Bhabhi Sharda and Jai Singh's wife Santra were at their house suddenly Prahlad Singh, Sanwat Singh, Mahendra Singh, Pop Singh and Inder Singh came armed with axe and Barchhi etc and made assault on Bahadur Singh and Sharda. Pop Singh and Inder Singh inflicted blows with Barchhi and axe on the person of Bahadur Singh and Sharda. When the informant and Santra intervened they were also beaten up. Bahadur Singh and Sharda were admitted to the hospital. On that report a case under Sections 147, 148, 149, 452, 323 and 307 IPC was registered and investigation commenced. Necessary memos were drawn and statements of witnesses were recorded. After Bahadur Succumbed to the injuries Section 302 IPC was added and dead body of Bahadur Singh was subjected to autopsy. THE appellants and the co-accused were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 2, Sikar Camp Neemka Thana. Charges under sections 148, 323/149, 302/149 and 354 IPC were framed against the appellants, who denied the charge and claimed trial. THE prosecution in support of its case examined as many as 16 witnesses. In the explanation under Sec. 313 Crpc, the appellants claimed innocence. No witness in defence was however examined. Learned the Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

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