MUKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgement dated 25.02.2013 passed by the Additional Sessions Judge No. 3, Beawar, District Ajmer in Sessions Case No. 64/2012 by which accused-appellants have been convicted for offence under section 302 IPC and sentenced to undergo imprisonment for life with a fine of Rs. 5,000 each and in default whereof to further undergo simple imprisonment of six months each.

(2.) Complainant Bharat Singh (P.W.1) lodged a written report Ex. P. 2 at Police Station, Masuda to the effect that there is a 'bada' situated in Village Mayla, the way of which was obstructed by Mukesh Kumar and Raju by putting bunch of bushes. On 25.5.2010 at about 12.00 noon when Braj Raj Singh came to remove them, these two accused came with 'kulhadi' and 'sariya' and inflicted blows thereof on his brother, due to which his brother sustained grievous injury. He (informant), Kamlesh Singh, Devendra Pratap Singh and others came for his rescue and took him to the Police Station and registered the report.

(3.) On the basis of aforesaid report, the police registered FIR No. 53/2010 for offence under Sections 307, 323, 341/34 IPC at Police Station, Masuda and investigation commenced. Brij Raj Singh succumbed to the injuries. Accordingly, the case was converted to the offence under Section 302 IPC. During investigation, necessary memos were drawn, statements of witnesses were recorded, accused persons were arrested and weapon of offence were recovered. After collecting necessary evidence challan was filed against accused-appellants. In due course, the case came up for trial before the learned Additional Sessions Judge F.T. No. 1, Beawar and same was transferred to the Court of Additional Sessions Judge, No. 3 Beawar District Ajmer. Charges under Sections 307, 341, 323, 302/34 IPC were framed against the accused who denied the charges and claimed trial. The prosecution in support of its case examined as many as 20 witnesses and got exhibited 24 documents. The learned trial court recorded the statements of the accused under Section 313 Cr.P.C., 1973 who denied the allegations. Defence examined 2 witnesses and got exhibited 12 documents. The learned trial court heard the arguments and vide its judgment dated 25.02.2013 convicted the sentenced the appellants as mentioned above.