RAKESH KUMAR AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Rakesh (P.W.3) s/o Birdhi Chand (P.W.5) had presented written report (Ex.P.4) before Setha Ram (P.W.30) who on 18.1.2005 was posted as S.H.O., Police Station Madanganj. On the basis of written report (Ex.P.4), formal FIR (Ex.P.5) bearing FIR No.32/05 was registered at Police Station Madanganj, District Ajmer. In the occurrence both the complainant and accused side have caused injuries to each other. In the occurrence Prakash due to receipt of injuries died and from the side of the complainant, Rakesh (P.W.3), Birdhi Chand (P.W.5), Rajesh (P.W.6), Rajendra Kumar (P.W.8), Mahendra Kumar (P.W.15), Alam Chand (P.W.16), Smt. Sita Devi (P.W.25) had received injuries. Roshan Lal is principal accused. On the side of accused, four persons namely Sunny s/o Roshan Lal principal accused, Bunty s/o Prakash Chand, Jai Chand s/o Chotulal and Vinod s/o Om Prakash had received injuries. Regarding the occurrence, a cross FIR (Ex.D.24) on the same date was also registered.

(2.) In the present case, both the sides have denied causing injuries to each other, but have presented version and cross version of the same occurrence in the written reports (Ex.P.4 and Ex.D.24).

(3.) Written report (Ex.P.4) presented by Rakesh (P.W.3) leading to registration of FIR (Ex.P.5) was investigated and thirteen persons namely Rakesh Kumar s/o Prakash Chand, Dharmendra Kumar s/o Chhotu Lal, Roshan Lal s/o Chhotu Lal, Raju Lal s/o Prakash Chand, Jai Chand s/o Chhotu Lal, Vinod s/o Om Prakash, Bunty s/o Prakash Chand, Sunil Kumar @ Sunit s/o Suresh Kumar, Raju s/o Devendra, Rakesh @ Bhaiya s/o Madanlal, Murlidhar s/o Madanlal, Deepak Kumar s/o Jagdish Kumar and Amit @ Deepu s/o Suresh along with Sunny s/o Roshan, Kalu Ram s/o Jai Chand were named as accused.