SUKH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SUKH Chand and Mangi Lal, the appellants herein, were tried before the learned Additional Sessions Judge (Fast Track) Bandikui District Dausa in Sessions case No. 37/2001. Learned Judge vide judgment dated December 19, 2002 convicted and sentenced them as under:- SUKH Chand: U/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer simple imprisonment for three months. Mangi Lal: U/s. 302/34 IPC: To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer simple imprisonment for three months. U/s. 323 IPC: To suffer simple imprisonment for one year. The substantive sentences were ordered to run concurrently.

(2.) IT is the prosecution case that in the intervening night of June 27 and 28, 1999 around 2 AM While Ghamandi (since deceased) and his family members were sleeping in the open chowk of their house, appellants Sukh Chand and Mangi Lal came over there. Sukh Chand dealt with a blow with axe on the head whereas Mangi Lal inflicted Lathi blow on the back of Ghamandi. Hearing hue and cry when Parsadi and Shrawan Lal intervened, they were also beaten up. Informant Kalu Ram (Pw. 6) reported the matter to Police Station Bandikui. On that report a case under sections 307, 451, 323, 324 and 34 IPC was registered and investigation commenced. 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) Bandikui District Dausa. Charges under sections 302, 323 and 302/34 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 14 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Three witnesses were examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) ON behalf of appellant Sukh Chand plea of alibi was raised and in support of the plea Dr. Hari Singh Bhandari (Dw. 1) and Male Nurse Arvind Kumar (Dw. 3) were examined who deposed that Sukh Chand was admitted in Mahaveer hospital from June 24, 1999 till July 30, 1999. Learned counsel for the appellant urged that cross case was registered against the complainant party and in fact the complainant party was the aggressor. It is also contended that origin and genesis of the occurrence has been with held and the prosecution witnesses have not explained the injuries sustained by the accused party.