SHANKARIYA AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374(2) Cr.PC. has been directed against the judgment and order dated 14.12.1987 passed by the learned Sessions Judge, Sri Ganganagar in Sessions Case No. 19/87 whereby he has convicted and sentenced the appellants for commission of offence u/s 326/34 Penal Code to undergo two years' Rigorous imprisonment and a fine of Rs. 50.00, in default whereof, to undergo further Rigorous imprisonment of 15 days.

(2.) The prosecution story in brief is that on 20.6.1986 at 8.30 p.m. Balbir Singh s/o Pahalwan Singh aged 25 years, r/o Odki alongwith his brother Pappi appeared in the Police Station and reported orally that Shankariya and Moola Ram both the appellants have enmity with their uncle Bhagwan Singh. Today, I went to the field to call my brother Pappi who had gone to his field and while I was coming back with my brother, reached near the house of Maachhi Ram, both the appellants have enmity with their uncle Bhagwan Singh. Today, I went to the field to call my brother Pappi who had gone to his field and while I was coming back with my brother, reached near the house of Maachhi Ram, both the appellants appeared there and attacked with "Kripans" with criminal intention to kill him. They inflicted 4-5 injuries on his head and both hands. Due to the injury on the mouth, one teeth is broken. The injuries started oozing blood and he fell down on the ground. Thereafter, on being challenged by Bhagwan Singh and Pappi, the appellants ran away from the place of occurrence.

(3.) Upon this complaint, F.I.R. No. 54/86 was registered and investigation commenced. The Investigating Officer prepared the Site Plan which has been exhibited as Ex.P/12. The appellants were arrested on 2.7.1986. The appellants made their Disclosure Statement with regard to the weapon of offence which have been exhibited as Ex. P/16 and P/17. Upon the Disclosure Statements of the appellants, weapons of offence i.e. "Kripans" were recovered and Recovery Memos have been exhibited at Ex. P/10 and P/11. The challan was presented in the trial Court against the appellants. They pleaded not guilty to the charge and were put to trial. During trial, the prosecution led the evidence to prove the guilt against the appellants. The statements of the appellants have been recorded u/s 313 Cr.PC. The learned trial Court after appreciation of the evidence and having satisfied that injury no.2 i.e. Fracture to the left index finger has been caused by the sharp edged weapon by the appellants, awarded the impugned conviction and sentence.