DINESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants five in number, were put to trial before learned Additional Sessions Judge No. 2 (Fast Track), Kota, who vide judgment dated January 28, 2002 passed in Sessions Case No. 98/2001 convicted and sentenced them as under:- Dinesh Kumar : u/s. 302 IPC: To suffer life imprisonment and fine of Rs. 200/-, in default to further suffer six months rigorous imprisonment. u/s. 307 IPC: To suffer 10 years rigorous imprisonment and fine of Rs. 200/-, in default to further suffer three months simple imprisonment. u/s. 324 IPC: To suffer one year's simple imprisonment. u/s. 148 and 452 IPC: To suffer two years simple imprisonment and fine of Rs. 100/-, in default to further suffer one month's simple imprisonment. u/s. 323/149 IPC: To suffer six month's simple imprisonment. Sattu @ Satyanarayan: u/s. 148 and 452 IPC: To suffer two years simple imprisonment and fine of Rs. 100/-, in default to further suffer one month's simple imprisonment. u/s. 302/149 IPC: To suffer life imprisonment and fine of Rs. 200/-, in default to further suffer six months' rigorous imprisonment. u/s. 307/149 IPC: To suffer ten years rigorous imprisonment and fine of Rs. 200/-, in default to further suffer three months' simple imprisonment. u/s. 324 IPC: To suffer one year's simple imprisonment. u/s. 323/149 IPC: To suffer six months' simple imprisonment. Sonu @ Sunil, Smt. Geeta Bai and Smt. Nirmala: u/s. 148 and 452 IPC: Each one of them to suffer two years simple imprisonment and fine of Rs. 100/-, in default to further suffer one month's simple imprisonment. u/s. 302/149 IPC: Each one of them to suffer life imprisonment and fine of Rs. 200/-, in default to further suffer six months' rigorous imprisonment. u/s. 307/149 IPC: Each one of them to suffer ten years rigorous imprisonment and fine of Rs. 200/-, in default to further suffer three months' simple imprisonment. u/s. 324/149 IPC: Each one of them to suffer one year's simple imprisonment. u/s. 323 IPC: To suffer six months' simple imprisonment. All the sentences were ordered to run concurrently.

(2.) IT is the prosecution case that informant Suresh Kumar (PW. 10) submitted a written report (Ex. P. 5) at Police Station Mahaveer Nagar, Kota on 8. 4. 2001 at about 3. 00 A. M. with the averments that his house is situated at Keshav Nagar, Kota and Babu Lal Nai was also residing in front of his house. There had been long standing enmity between them and many a times they had altercation in the past. On 7. 4. 2001 at about 11 O'clock, while the informant and his family members were sleeping in the house after bolting the door from inside, the accused Babu Lal Nai along with his wife Smt. Geeta, Dinesh, Sattu @ Satyanarayan and Sonu @ Sunil (sons) and Smt. Nirmala W/o Shri Dinesh armed with deadly weapons entered in his house. Chhitar Lal, father of the informant enquired from the accused as to why they had entered in the house. On this, Babu Lal Nai and his wife Smt. Geeta exhorted to finish them. Dinesh with the sword pierced abdomen of Chhitar Lal. Babu Lal Nai inflicted injury on the abdomen of Chhitar Lal. Uma Shankar and the informant Suresh Kumar rushed to rescue Chhitar Lal. Satyanarayan inflicted blow with iron rod on the head of Chhitar Lal. Dinesh and Satyanarayan inflicted knife injury to Uma Shankar and Vinod. While Nirmala W/o Dinesh and Smt. Geeta W/o Babu Lal and Sonu @ Sunil inflicted injuries to his father and brother with lathies and iron rod. Chhitar Lal and Uma Shankar became unconscious on the spot. On hearing hue and cry, neighbours also gathered there. Injured Uma Shankar and Chhitar Lal were taken to the hospital. Chhitar Lal succumbed to the injuries while injured Uma Shankar was admitted in the hospital. On the basis of the aforesaid report, a case under Sections 147, 148, 149, 302, 307, 452 and 323 IPC was registered and investigation commenced. After due investigation, chargesheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 2 (Fast Track), Kota. Charges under Sections 148, 452, 302 or 302/149, 307 or 307/149, 324 or 324/149 and 323 or 323/149, IPC were framed against the appellants who denied the charges and claimed trial. The prosecution in support of its case examined as many as 18 witnesses. In their explanation under Section 313 Cr. P. C. the appellants claimed innocence. Appellant Dinesh examined himself as DW 1 under Section 315 Cr. P. C. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicted hereinabove.

(3.) SURESH (PW. 10) vide injury report (Ex. P. 26) received the following injuries: 1. Lacerated wound - 1 x 1 cm on forehead on left side. 2. Contusion with swelling on left knee 2 x 2 cm. 3. Reddish contusion - 6 x 1 cm on left shoulder. 4. Abrasion - 2 x 2 on left left leg.