RAJENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAJENDRA Kumar and Mohan Lal, appellants herein, were put to trial before learned Additional Sessions Judge (Fast Track) Chhabra District Baran, who vide judgment dated January 17, 2003 convicted Rajendra Kumar under Section 302 and Mohan Lal under Section 302/34 and sentenced each of them to suffer imprisonment for life and fine of Rs. 5000/ -, in default to further suffer two years rigorous imprisonment.

(2.) IT is the prosecution case that on July 25, 2000 at 11.00 AM at General Hospital Atru informant Narendra Kumar (PW. 8) handed over a written report (Ex.P -7) to Kalyan Prasad, ASI Police Station Atru stating therein that on the said day around 10 AM while his uncle Nand Kishore was working in the field, as many as 15 persons of village Harnavda including the appellants entered into the field with cattle and started damaging crop of Soyabin. When Nand Kishore protested he was given beating with lathis. On that report a case under Sections 307, 323, 147, 148, 149, 447 and 427 IPC was registered and investigation commenced. In the course of investigation Nand Kishore succumbed to the injuries and Section 302 IPC was added. Autopsy on the dead body got performed, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed only against appellants. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Chhabra District Baran. Charge under Section 302/34 IPC was framed against the appellants, who denied the charge and claimed trial. The prosecution in support of its case examined as may as 20 witnesses. In the explanation under Section 313 CrPC, the appellants claimed innocence. No witness in support of their defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.

(3.) INJURIES sustained by Nand Kishore were examined vide Injury Report (Ex.P -9) which reads thus: