SHYAM SUNDER AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) To welcome new year, on the eve of new year, young persons in a new year revelry over the priority to have food served at a Dhaba, caused injuries leading to death of one Yatindra Singh and injuries to Mahaveer Meena (P.W.2) and Gajendra Singh (P.W.5). Kuldeep Sardar, the author of the fatal injury to Yatindra Singh, is absconding and till today has not been apprehended.

(2.) The investigating agency, on the basis of written report (Exhibit -P/3) presented by Braj Raj Singh (P.W.3) before Salauddin (P.W.18) had registered a formal FIR (Exhibit -P/31). In the said FIR, along with Kuldeep Sardar resident of Rampura, Shyam Sunder @ Shyam Nagar, Rajesh @ Sonu, Mahaveer Gauttam and Ramavtar Meena were nominated as accused. Since the Investigating agency could not arrest Kuldeep Sardar, the investigation agency presented the charge -sheet against Shyam Sunder @ Shyam Nagar, Rajesh @ Sonu, Ramavtar and Mahaveer Gauttam. The charge -sheet so filed was committed to the court of Sessions and was entrusted for trial to Additional Sessions Judge (Fast Track) No. 1, Kota. The said court, on 24.5.2007 formulated the charges. The accused, Shyam Sunder @ Shyam Nagar, Rajesh @ Sonu, Ramavtar and Mahaveer Gauttam were charged for the offences under Ss. 148, 323/149, substantively for the offence under Sec. 324 in alternate for offence under Sec. 324/149, substantively for offence under Sec. 307, in alternate for offence under Sec. 307/149 and substantively for offence under Sec. 302 and in alternate for offence under Sec. 302/149 IPC. The appellants were also charged for the offence under Sec. 4/25 of Arms Act. The trial court vide impugned judgment dated 1.2.2010 held the appellants guilty of offence under Ss. 148, 323/149, 324/149, 307/149, 302/149 IPC and Sec. 4/25 of Arms Act.

(3.) Having convicted the appellants for the above said offences, the trial court sentenced the appellants as under: - -