GANGA SINGH RAJPUT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by the accused appellants Under Section 374(2) Cr.P.C., 1973 against the judgment dated 19.09.2009 passed by the learned Additional Sessions Judge (Fast Track), Balotra Headquarter Barmer Camp Balotara in Sessions Case No. 57/2008 by which the learned Judge convicted the accused-appellants for offences under Sections 302/34, 323/34, 342/34 IPC and passed the following sentence:-

(2.) All the sentences were ordered to run concurrently. The brief facts of the case are that on 24.07.2008, complainant Gulab Kanwar w/o Chhail Singh (PW/12) filed a report at the police station Siwana alleging that on 23.07.2008 in the evening at about 8.30-9 PM, she was cooking food, at that time, she heard hue and cry of her husband Chhail singh. When she came out with her daughter Ms. Dimple in front of the house of Chandan Singh she saw that Ganga Singh, Bhagwan Singh and wife of Chandan Singh were beating her husband with sticks and axes. When she intervened, the wife of Chandan Singh gave fist blows to her. It was stated that accused were having sticks (lathi) and axes in their hands. Her husband was shouting but later on her husband's voice stopped coming. After sometime the complainant along with her daughter went to Dhani of Chandan Singh where they saw dead body of her husband Chhail Singh lying there and both the legs as well as right hand were also broken. It was stated that they were having an old enmity with accused persons about land dispute and due to this reason, all the accused persons killed her husband. She further alleged that they also tied complainant's hands and in the morning after untiring herself she lodged the written report to the police station Siwana.

(3.) On the said report, the Police registered a formal FIR No. 120/08 for offence under Sections 302, 342, 323/34 IPC and started the investigation. After usual investigation, the police filed charge sheet against the accused-appellants for offences punishable under Sections 302, 342, 323/34 IPC before the Court of Judicial Magistrate First Class, Sivana Distt. Barmer. Later on the case was transferred in the Court of learned Additional Sessions Judge (Fast Track) Court Balotra Head quarter Barmer Camp Balotara where the charges were framed against the accused appellants for offence under Sections 302, 342, 323/34 IPC but the accused appellants denied the charges and pleaded for trial.