SHER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal owes its origin in the judgment dated October 14, 2003 of the learned Additional Sessions Judge (Fast Track) No. 1 Bharatpur Camp Deeg whereby the appellants, nine in number, were convicted and sentenced as under:- Appellants Sher Singh and Ajeet Singh: U/s. 302 IPC: Both to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month. U/s. 147 IPC: Both to suffer rigorous imprisonment for three months and fine of Rs. 500/-, in default to further suffer simple imprisonment for fifteen days. U/s. 148 IPC: Both to suffer simple imprisonment for two years and fine of Rs. 500/-, in default to further suffer simple imprisonment for fifteen days. Appellant Sujeet: U/s. 302/149 IPC: To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month. U/s. 307 IPC: To suffer rigorous imprisonment for five years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month. U/s. 147 IPC: To suffer rigorous imprisonment for three months and fine of Rs. 500/-, in default to further suffer simple imprisonment for fifteen days. U/s. 148 IPC: To suffer simple imprisonment for two years and fine of Rs. 500/-, in default to further suffer simple imprisonment for fifteen days. Appellants Ishwar Singh, Bhima, Nepal Singh, Thano @ Than Singh, Charan Singh and Harbhan Singh: U/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month. U/s. 307/149 IPC: Each to suffer rigorous imprisonment for five years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month. U/s. 147 IPC: Each to suffer rigorous imprisonment for three months and fine of Rs. 500/-, in default to further suffer simple imprisonment for fifteen days. U/s. 148 IPC: Each to suffer simple imprisonment for two years and fine of Rs. 500/-, in default to further suffer simple imprisonment for fifteen days. The substantive sentences were ordered to run concurrently.

(2.) AS per the prosecution story on December 9, 2000 ASI Police Station Deeg reached to the Hospital Deeg and recorded Parcha Bayan (Ex. P-15) of injured Balveer Singh (Pw. 4) at 9. 15 PM, wherein it was stated that on the said day while he along with Shiv Singh (since deceased) was watering his mustard field and in the nearby field Ranjeet Singh was installing engine on the well. Sujeet (appellant) walked through their field. He then warned Sujeet not to use their field as thoroughfare. At this Sujeet reacted sharply went away. After some time Sher Singh, Ajeet, Ishwar Singh, Harbhan Singh, Kano @ Than Singh, Bhima, Charan Singh, Nepal Singh came to his field. Sujeet, who was armed with Katta (country made gun) opened fire at Ranveer that hit his right hand. Sher Singh inflicted Pharsa blow and Ajeet and Harbhan gave lathi-blows on the head of Shiv Singh. Than Singh, Charan Singh, Harbhan and Bhima inflicted injuries on the person of Balveer, Ishwar Singh gave lathi blow on the hand of Ranveer Singh. On that parcha bayan a case under sections 147, 323, 447, 341 and 307 IPC was registered and investigation commenced. In the course of investigation Shiv Singh died and section 302 IPC came to be added. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Bharatpur Camp Deeg. Charges under sections 148, 302/149, 307/149, 323 and 447 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 28 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Two witnesses in support of their defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) GEKJH eqfyteku ls dksbz jaft'k ugha Fkha**