BAJRANG SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This jail appeal laid by accused-appellant challenges the impugned judgment dated 17th of May, 2007 passed by learned Additional Sessions Judge (Fast Track) Nagaur (for short, 'learned trial Court') convicting the appellant for offence under Sections 302, 307, 326, 324, 341 and 323 Indian Penal Code, 1908 (for short, 'IPC').

(2.) The accused-appellant was handed down sentences for the offences under various Sections of Penal Code as under: <FRM>JUDGEMENT_154_LAWS(RAJ)1_2016.html</FRM>

(3.) Succinctly stated the facts of the case are that SHO, Police Station Khatubadi received a phone call on 23rd of April, 2006, at 3:30 PM, about occurrence of incident at Barna Nada Ki Dhani, Khatubadi and, responding to the same, he reached at the site, where complainant, Ummed Singh S/o Nain Singh, submitted a written report (Ex.P/15). In the written report, complainant made a specific allegation that today, at 1:00 PM, his brother's son, Bajrang Singh, entered inside their residential premises, situated within the boundary wall of agricultural field, and inflicted blow of axe on his other nephew, Bhagwan Singh S/o Sugan Singh, thereby causing death of Bhagwan Singh. It is also narrated in the written report that, when accused-appellant Bajrang Singh was sought to be apprehended by Dilip Singh and Kishore Singh, the accused-appellant inflicted 3-4 injuries on the right hand of Dilip Singh by causing blow of axe and also inflicted blow on shoulder of Kishore Singh. The occurrence of incident caused hue and cry and, upon hearing alarm, people residing in nearby dhanis assembled at the site and caught hold of the accused person and was, subsequently, tied with rope at the site. The cause for the occurrence of the entire incident was attributed to some bickering between the accused-appellant and the complainant party for permitting goats to graze. Taking note of the written complaint, the SHO registered FIR (Ex. P/16) against the accused-appellant under Sections 302, 307, 323, and 341 IPC. Thereafter, the SHO made personal inspection of the site and prepared Halat Mauka and site map (Ex.P/18) and collected bloodstained sand as well as normal sand from the place of occurrence and a report (Ex.P/19) was prepared. During investigation, report of condition of dead body (Ex.P/9) and inquest report (Ex.P/10) were also drawn. The bloodstained cloths of deceased were recovered and a report (Ex.P/22) was prepared. Subsequently, dead body of deceased, Bhagwan Singh, was sent for post-mortem and the Post-Mortem Report (Ex.P/6) was obtained by the SHO and, later on, dead body was handed over to father of the deceased by report (Ex.P/17).