RAM LAL & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been filed against the impugned judgment of conviction and sentence dated 11.2.2005 passed by the Special Judge (Women Atrocities and Dowry Cases), Kota (short "?the Appellate court "?) in sessions case No. 114/2003 whereby he partly allowed the appeal after maintaining the judgment of conviction but reduced the sentence dated 21.10.2003 passed by the Chief Judicial Magistrate, Kota (hereinafter "?the trial court "?) in criminal case No. 57/1992.

(2.) Briefly stated, facts of the case are that the complainant Satya Narayan lodged an FIR No. 147/1989 at P.S. Kunhari District Kota on 5.9.1989 at 10:15 P.M. for the offence under sections 147, 148, 149, 307, 342 and 323 IPC in connection with the occurrence, alleged to have taken place on the same day i.e. on 5.9.1989 at 9:30 PM against seven accused persons under sections 147, 148, 149, 307, 342 and 302 IPC. The complainant further mentioned in the report that there is an old dispute between them, Madan and Kalar. On that day, his brother Jagdish and Sardar Kulveer Singh went towards his old house. He thought that there may be chance of quarrel,so he went along with his brother Suraj. As soon as they reached towards the house, there was a crowd in front of the house of Kalu @ Kalar. When they reached there, they gave sword blow with intention to kill him, on his forehead. Ram LaL Kir also gave lathi blow on his right hand. When his brother Suraj came to save, then Madan, Kaiu @ Kalar gave knife blow on the hips. Madan Lai gave sword blow on the palm of right hand, Gopal gave dhariya blow on the left leg, Ram LaL, Raju @ Chhoga and others gave lathi blow and became unconscious. He saved himself. It was further mentioned that Madan and Kalu @ Kalar took his brother and locked him in his house. He was attacked along with his brother Suraj by these persons with intention to kill them and they have caused injuries.

(3.) After investigation the police submitted the charge-sheet against the accused persons namely; Madanlal, Kalu @ Kalar, Ramlal, Kanhaiyalal and Raju for the offences under Sections 147, 148, 149, 307 I.P.C. in the Court of Addl. Chief Judicial Magistrate No.2 (North), Kota. After cognizance, the matter was committed to the Court of District and Sessions Judge, Kota. From the Court of learned Addl. District and Sessions Judge, No. 1, Kota, the matter was forwarded to the Court of Chief Judicial Magistrate, Kota ( "?the trial court "? for short, hereinafter). Thereafter, the trial court framed the charges against the accused persons for the offences under sections 148, 326/149, 325/149, 324/149 and 323/149 IPC, who denied the charges, pleaded not guilty and claimed to be triad in the matter.