ANNI & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Anni, Nihal Singh, Ramesh Chand, Shibbu and Khiladi, the appellants five in number, were put to trial before the learned Additional Sessions Judge (Fast Track) Hindaun City district Karauli, who vide judgment dated Dec. 18, 2003 convicted and sentenced them as under:-

(2.) The State of Rajasthan preferred the leave to appeal against the finding of acquittal of appellants Nihal Singh, Ramesh Chand, Shibbu and Khiladi under section 302/149 IPC.

(3.) It is the prosecution case that on Jan. 20, 2002 the informant Roop Singh Meena (Pw. 5) submitted a written report (Ex.P-1) at Police Station Todabhim stating therein that on the preceding day the accused persons armed with various weapons assaulted Hari Singh (since deceased). Ramesh inflicted blow with Dharia on the head of Hari Singh as a result of which he fell down and became unconscious, thereafter Anni, Shibbu, Nihal Singh, Khiladi, Nirma and Shanti also gave beating to Hari Singh. When Tunda Ram intervened he was also beaten up. Ram Khiladi removed Hari Singh to hospital, from where he was referred to Jaipur. On the aforesaid report a case was registered for the offence under sections 147, 341, 323, 448, 336 and 307 Penal Code and investigation commenced. After Hari Singh succumbed to his injuries Sec. 302 Penal Code was added. 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) Hindaun City District Karauli. Charges under sections 148, 323, 341, 302 and 302/149 Penal Code were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 17 witnesses. In the explanation under Sec. 313 Crimial P.C., the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.