RAM CHANDRA & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant cr. appeal has been filed under Sec. 374(2) Crimial P.C. by the appellants against the judgment dated 27.6.2011 passed in Sessions Case NO. 48/2010 (30/2007) by the learned Addl. Sessions Judge, Churu whereby all the accused appellants were convicted for offence under Sections 302/34, 323/34 and 341 Penal Code and following punishments were awarded to them, which reads as under: <FRM>JUDGEMENT_108_LAWS(RAJ)1_2016.html</FRM>

(2.) As per the brief facts of the case, a written report was submitted by the complainant PW-1 Dharmpal at Police Station Taranagar, District Churu, upon which FIR (Ex.P/2) was registered on 28.8.2007 at 5.15 pm. In the complaint it was alleged that on 24.8.2007 at 11.00 pm when complainant PW-1 Dharmpal was sleeping in his house, he heard noise of shouting from the house of Ramswroop. The complainant PW-1 Dharmpal went on spot and saw that accused appellants Ram Chandra, Shubhash, Balbeer and Satbeer were causing injuries by Kassi and Lathi to the deceased Ramswaroop and it was specifically mentioned in the complaint that Ram Chandra and Subhash were having Lathis in their hands and Satbeer and Balbeer were having Kassi in their hands and they were repeatedly causing injuries to the deceased Ram Swaroop. It is also stated in the FIR that Amar Singh and Narendra Singh also came on spot and they tried to intervened. Upon intervention, the accused persons caused number of injuries to the complainant PW-1 Dharmpal and went towards their house and thereafter, injured Ramswaroop was taken to the Hisar Hospital for treatment, therefore, FIR was filed after delay of 4 days.

(3.) On the basis of above report, the SHO, Police Station Taranagar, District Churu registered FIR no.180/2007 for offences under Sections 341, 323 and 307/34 Penal Code and commenced investigation.