SATVEERSINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Appeal No. 291/1992 has been filed by the appellants being aggrieved of the judgment dated 29.7.1992 passed by learned Additional Sessions Judge, Churu in Sessions Case No. 99/1992 (57/1991) whereby the accused-appellants were convicted for the offence under Sections 325 and 323 I.P.C. as under:- <FRM>JUDGEMENT_164_LAWS(RAJ)7_2016_1.html</FRM>

(2.) The State has also filed Criminal Appeal No. 414/1992 against the same judgment dated 29.7.1992 agitating acquittal under Section 307 I.P.C. and further submitting to convict the accused-appellants under Section 307 I.P.C. as well. Both these appeals have been taken up together and Appeal No. 291/1992 has been ordered to be tagged with Appeal No. 414/1992 vide order dated 23.8.1992 passed in Criminal Appeal No. 414/1992.

(3.) Briefly the facts of the case are that complainant Heera Singh orally recorded his Pracha Bayan in the Government Hospital Rajgarh stating that he was be seized by Satveer, Omla @ Om Prakash, Ram Chandra and Lal Chand on way while returning to home on 26.9.1990 at about 7:30 PM from Neema Bus Stand to his home. Satveer attacked on head with Barchhi, Ram Chandra with Kulhari, blood started oozing out, he felt down. Om Prakash and Lal Chand beaten him with sticks. On raising alarm, his brother Lal Chand came, the accused caused injuries to him as well. There was a rivalry between them since the complainant is a witness against the accused persons in an event of beating to Patwari and owing to that, the accused attacked and beaten the complainant with intention to eliminate. On the basis of this, an F.I.R. No. 141/1990 under Sections 307, 325, 341 and 323/34 I.P.C. was lodged against all the four accused persons and investigation was commenced. During the course of investigation, recovery of the weapons namely Barchhi, Kulhari and lathies were made at the instance of accused persons and blood stained soil, apparels and the weapons were sent to FSL. The FSL report was obtained and vide Exhibit 42 of FSL report, the samples of blood smeared soil, wearings of injured i.e. Kamij, Pajama, Jacket and the weapons Kulhari were found tainted with human blood. The case was committed to the Court of District and Sessions Judge, Churu, who further transferred the same to Additional District and Sessions Judge, Churu. The appellants pleaded not guilty and claimed trial. The prosecution examined as many as 11 witnesses in support of its case. The appellants in their statements under Section 313 Cr.P.C. denied allegations of the prosecution and examined one witness in defence.