SHANKAR & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by the accused-appellants under Section 374(2) of Cr.P.C. against the judgment dated 23.09.2008 passed by Learned Additional Sessions Judge, Fast Track) No. 3, Udaipur-Camp-Salumber in sessions Case No. 27/2007 (State vs. Shankar & Ors.) by which the learned Judge convicted and sentenced the accused-appellants as under : -

(2.) The brief facts of the case are that on 24.11.2006, the complainant Kewala S/o Balaji (PW/8) filed a written report before the Police Station Kherwada in which he mentioned that on 24.11.2006, he and his elder brother Shankar both were having land in a joint possession, which they have mutually partitioned. But since last one year, his brother was obstructing him to cultivate his field. He was also not even giving him any water from the well and since last one year they were having animosity and some litigations were also pending in the court. It is stated that on 24.11.2006 at about 3.00 p.m., he alongwith his wife Bassu and his daughter Neelam aged about eight years were at their field, at that time his brother Shankar came there alongwith "latth" and started using abusive language asking why he allowed the cattle to graze in his field. When the complainant denied, accused Shankar went away after threatening him. After half an hour he alongwith his sons Ramesh and Anil came to his house. Shankar was having an axe, Rakesh was having a "Dharia" and Anil was having a sword. All three chased the complainant with an intention to murder him, upon which he alongwith his wife and daughter started running to take shelter in their house. They were accompanied by Vanraj, Smt. Mangu W/o Shankar and Smt. Rekha W/o Rakesh Meena, who came there armed with lathi and carrying stones. Accused Shankar inflicted Kulhari blow on the head of his daughter Neelam, subsequently she fell down. Then Rakesh inflicted Dharia blow to his daughter. When the wife of complainant reached the courtyard then Anil took 'latth' from Vanraj and inflicted injuries on the head and back side as well as legs of his wife whereas, Smt. Bhaggu and Smt. Rekha were pelting stones. The accused also wanted to inflict injury to the complainant but he ran away in the house and closed the door. Thereafter all the accused ran away. When he came out from the house, he saw that blood was oozing out from the head of his wife. His daughter Neelam had received injuries and due to head injury she expired. He went to the house of Soma ram and narrated the entire incident. It was stated that due to old enmity, accused killed his daughter Neelam and inflicted injuries to his wife.

(3.) On this report, police registered a formal FIR No. 259/2006 P.S. Khairwara, District Udaipur for the offences under Sections 302, 323, 448, 147, 148, 149 IPC against the accused and the police arrested both the accused appellants as well as Anil Kumar and after usual investigation filed a challan against all the three accused for the offence under Sections 302, 323, 448, 147, 148, 149 IPC before the court of Civil Judge Junior Division and Judicial Magistrate First Class Khairwara District Udaipur. In respect of other accused, the investigation was kept pending under Section 173(8) Cr.P.C.