DEEN DAYAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Jodhraj S/o. Bherulal along with two sons namely Deen Dayal and Sanwari @ Sanwariya and daughter Parvati, were sent for trial in case arising out of FIR No. 121/2008 registered at Police Station Sangod. The said FIR (Exhibit -P/16) was recorded on the basis of written report (Exhibit -P/2) submitted by Ramprasad (P.W.4). In the occurrence, Ramdayal, brother of Ramprasad (P.W.4) received four injuries and died as a result of head injury. Ramprasad (P.W.4) had also received four injuries. Their another brother Kalulal (P.W.17) had also received injuries. Their companion Rajendra (P.W.6) had received two injuries. Injury No. 1 was on the left parieto occipital region and injury No. 2 was complain of pain. In the occurrence, Jodhraj, Deen Dayal, Sanwari @ Sanwariya and Parvati all four accused had also received injuries. One of the injury suffered by Sanwari @ Sanwariya was declared grievous in nature. It is a case of version and cross version. The accused have also proved on record cross FIR as Exhibit -D/5.

(2.) During the course of trial, Jodhraj died natural death. The Additional Sessions Judge (Fast Track) No. 1, Kota vide impugned judgment dated 7.8.2010 convicted Deen Dayal and Sanwari @ Sanwariya for the offences under Ss. 302, 447 and 323 IPC, whereas their co -accused Parvati was only convicted for the offence under Sec. 447 IPC.

(3.) Having convicted the appellants for the abovesaid offences, the trial court vide a separate order of even date, sentenced them as under: - -