SANJAY ALIAS SANJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the accused-appellants (for short "the appellants") assailing the legality and validity of the judgment dtd. 16/12/2016 passed by the learned Additional Sessions Judge, Aklera, District Jhalawar (for brevity "the learned Trial Court") in Sessions Case No.03/2015 whereby, the appellants have been convicted and sentenced as under:-

(2.) The relevant facts, in brief, as narrated by Shri Harendra Singh Sinsinwar, learned counsel appearing on behalf of the appellants, are that one Shri Mohan (PW-3), son of the deceased Dhan Singh, submitted a written report dtd. 4/11/2014 (Exhibit P-5) to the Station House Officer, Police Station Dangipura, District Jhalawar. In the said report, it was stated that on the night of 4/11/2014 at about 8:00 PM, his father, Dhan Singh, and his sister, Lad Bai, had gone to the well of Patel Ji to start the water motor. As there was no electricity, they slept on a cot, when the appellants, namely Sanju, Ramnarayan and Ranglal, arrived there armed with stick, farsi and sword, and began inflicting injuries upon his father. It was further stated that upon hearing the screams and cries of his sister Lad Bai, he, along with his uncle Kanwar Singh, his mother Badam Bai, and Rai Singh, rushed to the well. It was alleged that all three appellants were assaulting his father (hereinafter referred to as 'victim') with stick, farsi and sword.

(3.) It is contended by the learned counsel for the appellants that when Mohan and the other persons intervened, all three accused persons fled from the spot after a brief altercation. It is submitted that a huge amount of blood was oozing from the victim, due to injuries sustained on the head and face, and that he fell down from the cot. He was immediately taken to the hospital; however, on their way to the hospital the victim had expired. It is further submitted that the alleged motive behind the incident was previous enmity, on account of which the murder is stated to have occurred. Upon receipt of the said written report, an FIR bearing No. 159/2014 (Exhibit P-23) was registered against the appellants on 5/11/2014 at about 1:00 PM, in relation to the incident alleged to have taken place on 4/11/2014 at 20:00 hours, for the offences under Ss. 302/34 of the IPC. It is also submitted that, as per the postmortem report (Exhibit P-19), the cause of death was opined to be the injuries sustained on the head of the victim.