KULDEEP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this appeal the appellant has challenged the judgment dated 23. 7. 2003 passed by learned Additional District and Sessions Judge (Fast Track), Behror (Alwar), in Sessions Case No. 76/2002 State vs. Kuldeep Singh, whereby he was convicted and sentenced as under:- Under Section 302/34 IPc = To suffer imprisonment for life and fine of Rs. 1000/- in default to further suffer simple imprisonment for three months. Under Section 323/34 IPc = To suffer rigorous imprisonment for six months and fine of Rs. 200/- in default to further suffer simple imprisonment for one month. Both the sentence were ordered to run concurrently.

(2.) IT is the prosecution case that injured Mahendra Singh s/o Ram Singh, r/o Tasingh, reached to the Police Station Behror at 8. 40 a. m. on 29. 3. 2001 and submitted a written report (Ex. P. 6), to the effect that is brother Vishal Singh, who resided at village Tonkani had come to see fair. Their brother's son had constructed a wall and fixed gate in the common space meant for passage. On being objected to it, Kuldeep Singh and Ghanshyam Singh alias Pradeep Singh, inflicted injuries upon them with an iron rod and an axe and as the condition of Vishal Singh was serious, he was first admitted in the hospital at Behror and then the report was lodged. On receipt of the report, a case under Sections 323, 341, 34 IPC was registered and formal first information report Ex. P. 7 was chalked, showing intervening night of 28th and 29th March 2001, as the date of incident. On being inquired, the informant further disclosed that the doctors at Behror referred injured Vishal Singh to Alwar and, therefore, Vishal Singh was taken to Alwar at 4 a. m. before the report could be lodged.

(3.) INJURED Mahendra Singh (PW. 4) vide Injury Report (Ex. P. 8) sustained following injuries:- 1. Abrasion 1 x half cm over right external ear. 2. Bruise 5 x 2 cm over left thigh middle one third and anterior aspect. 3. Complaint of pain in back, no external injury and no tenderness.