HARIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal under section 374 (2) of CrPC, 1973 has been preferred by the accused/appellant Hariya son of Shri Tundal and Natthi son of Shri Hariya against the judgment of conviction and order of sentence dated 13/01/2004 passed by Additional Sessions Judge, (Fast Track) No. 1, Alwar in Sessions Case No. 79/2003 (86/2003), whereby both the accused/appellants have been convicted for offence under Section 302/34 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/- each, and in default of payment of fine to further undergo one years' extra rigorous imprisonment.

(2.) Brief facts of the case are that on 30/04/2003 at 8.30 pm in Govt. Hospital, Alwar, Anil Sharma (PW-1) submitted a written report (Ex.P-1) to SHO, Police Station Sadar, Alwar stating therein that today in evening, neighbour Hariya son of Tundal, Natthi son of Hariya, Bhura wife of Hariya, Radha wife of Natthi with a common object, beat my uncle Om Prakash and while beating took him to well and pushed him into the well, by which he died. We are having dispute with neighbour Hariya for encroachment on the way. This encroachment is continuing till today. Earlier, Hariya and his family members beat us and have even threatened to kill us. Today at the time of quarrel, I, my deceased uncle Om Prakash, my father Ramottar, neighbour Ganga Singh Gurjar, Natthu Ram Sharma and 2-3 other persons were present on the place of occurrence. Hariya and others pushed my uncle into the well in our presence and beat us also. They pelted stones and made us to run away. Hariya and his associates murdered my uncle. At the time of quarrel, Hariya was with his 5-6 associates, whom we recognize by appearance.

(3.) On this written report, FIR No. 122/2003 was registered in Police Station Sadar, Alwar for offence under Section 143, 341, 323 and 302 of IPC and investigation commenced. During Investigation, site plan of place of occurrence and panchayatnama were prepared, autopsy of the corpse was performed by Medical Board, statements of witnesses were recorded, accused persons were arrested and after usual investigation, charge-sheet was filed against the accused/appellants, Jagdish and Pappu for offence under Section 306 of IPC in the Court of Judicial Magistrate No. 1, Alwar, who committed the case to the Court of Sessions, Alwar. Later on, the case was transferred to the Court of Additional Sessions Judge (Fast Track) No. 1, Alwar.