SATYA NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SATYA Narain and Jagdish, the appellants herein, have impugned the judgment dated September 20, 2001 of the learned Additional Sessions Judge (Fast Track) No. 2 Kota whereby the appellants were convicted and sentenced as under:- SATYA Narayan & Jagdish: U/s. 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for six months. U/s. 323 IPC: Each to suffer simple imprisonment for three months. The substantive sentences were ordered to run concurrently.

(2.) IT is the prosecution case that informant Mahadev reached to the Police Station Khatoli along with Om Prakash and injured Laxmi Chand in the intervening night of April 14 and 15, 2000 around 1. 30 AM and submitted a written report (Ex. P. 1) to the effect that on April 14, 2000 around 7 PM Satya Narayan and Jagdish (appellants) under the influence of liquor hurled abuses and quarreling with Hajari Lal and Ram Prasad. When informant Mahadev and Laxmichand in tervened Satya Narayan inflicted Dharia blow on the head of Laxmi Chand and other blow with Kutia was caused by Jagdish. Mahadev was also beaten up by Jagdish. On that report case under section 307/34 IPC was registered and investigation commenced. Injured Laxmi Chand was taken to the Hospital where he died and section 302 IPC was 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) No. 2 Kota. Charges under sections 323 and 302/34 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 13 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) HEMLAL (PW. 3) in his deposition stated that when he reached to the place of occurrence he saw Jagdish. Satya Narain, Mahadev and Laxmichand scuffling each other. Relevant portion of his cross examination is as under -