MANGAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Mangal Singh and Hari Singh, the appellants herein, along with six others, were placed on trial in sessions Case No. 26/1996 (97/2000) before learned Additional Sessions Judge, Laxmangarh District, Alwar. Learned trial Judge vide judgment dated November 2, 2001 while acquitting co-accused persons convicted and sentenced the appellants as under:

(2.)

(3.) It is the prosecution case that on December 27, 1995 informant Man Singh (Pw. 3) submitted a written report (Ex.P-6) at Police Station Kherli to the effect that on the said day around 5-6 AM Lachho wife of Mangal threw wastage in the bada of informant which was objected by Jawan Singh, thereupon accused namely Mangal Singh, Amar Singh, Vijay Singh, Hari Singh, Lachho, Kabula, Ramratti and Phoolan armed with lathis, pharsis etc., attacked Jawan Singh. Hearing hue and cry when Man Singh reached on the spot he was also beaten up. Jawan Singh and other injured were removed to hospital. On that report a case under sections 148, 149, 302, 323 and 341 IPC was registered and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before learned Additional Sessions Judge Laxmangarh (Alwar). Charges under sections 147, 302, 323/149 and 447 IPC were denied by the appellants and trial was claimed. The prosecution in support of its case examined as many as 16 witnesses. In the explanation under Section 313 Cr.PC., the appellants claimed innocence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.