BHAGWAN SAHAI AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Bhagwan Sahai alongwith his brother Satish @ Indraj, their mother Gulab Devi, Seema w/o. Sriman and Guddi Devi w/o. Manoj Kumar were sent for trial for offences under Ss. 147, 148, 323, 324, 326, 307 r.w. 149 IPC. The case of the prosecution as set out in the charge is that on 4.5.2008 at 10.00 AM accused in Village Chandpur constituted unlawful assembly and armed with lethal weapons went near the Bada of Jagram and caused injuries to Sajana Devi with blunt weapon and caused simple injury to Jagram and his wife Malli Devi with blunt and incised weapon, whereas Kailash Chand was caused simple and grievous injuries with blunt and incised weapon.

(2.) The Court of Additional Sessions Judge, Rajgarh, District Alwar having tried the accused for above said offences, acquitted Guddi Devi, Seema and Gulab Devi after extending benefit of doubt for offences under Ss. 307, 307/149, 326 and 326/149 IPC, but convicted them for offences under Ss. 323 and 324 IPC and had released them on probation, whereas convicted accused -appellants Bhagwan Sahai and Satish for offences under Ss. 307, 307/34, 326, 326/34, 324 and 323 IPC. Having convicted the appellants for the above said offences, the trial court vide a separate order of even date sentenced them as under: -

(3.) Prosecution in order to prove its case had examined eighteen witnesses and produced and proved on record documents Exhibits -P. 1 to P. 28. The accused denied prosecution case in their statements under Sec. 313 Cr.P.C. and examined Dr. Suresh Chand Meena as D.W. 1 and Bhagwan Sahai Meena as D.W. 2.