DEPUTY SINGH @ DALJIT SINGH S/O MUKHTIYAR SINGH, BY CASTE MAJABI SIKH, RESIDENT OF 18 S.D. TEHSIL SRI VIJAYNAGAR, DISTRICT SRI GANGANAGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellants have filed this appeal under Sec. 374(2) Crimial P.C. to challenge impugned judgment dated 26th of April 2014, passed by Addl. Sessions Judge, Raisinghnagar, District Sri Ganganagar (for short, 'learned trial Court'), whereby the appellants are indicted for the offences under Sections 450, 326/34, 324/34 and 323/34 Penal Code and handed down concurrent sentences as under: <FRM>JUDGEMENT_60_LAWS(RAJ)2_2017_1.html</FRM>

(2.) Succinctly stated, the facts of the case are that on 12th of Oct. 2005, Parcha Bayan of injured Sandeep Kumar (Complainant) was recorded by ASI Jagdish Hudda in Surgical Ward of Govt. Hospital, Sri Vijaynagar wherein he inter-alia stated that his younger brother Daleep and Tarachand Meghwal on their way to field were intercepted/stopped by appellant No.1 Deputy Singh and his brother-in-law. Later on when complainant Sandeep Kumar and his father reached at the spot they were also threatened by them. It was further stated in Parcha Bayan that on the same day in the evening at 7 PM when complainant, his elder brother Vinod, father Dhanna Ram, Daleep, Tarachand Meghwal, Subhash and Budhram were sitting in Dhani, accused appellant Deputy Singh, Rajendra, brother-in-law of Deputy Singh and his other brother Jogendra Singh (Appellant No.2) with two other persons came there well armed with weapons. Alleging in the Parcha Bayan, complainant has clarified that appellant No.1 Deputy Singh was carrying sword in his hand and Rajendra was having Gandasi while Jogendra Singh was carrying a Kappa. For the brother of Deputy Singh, it is stated that he was carrying lathi and two others were also carrying Gandasi and lathi. Attributing culpability of all the accused persons, Parcha Bayan also reveals that after reaching at the spot, Deputy Singh attacked with sword on the head of Subhash and resultantly Subhash fell down and became unconscious and thereafter Jogendra Singh hit Budhram using Kappa, who also fell down. Parcha Bayan (Ex.P/1) further unfurls that when resistance was offered, the complainant, Mahendra and Tarachand were also beaten by lathis and Gandasis and when his father screamed, Ramsingh immediately rushed to the spot and thereupon Deputy Singh and all his accomplishes fled away.

(3.) The police, registered a case against accused persons and after completing investigation filed charge-sheet against accused-appellants and one Rajendra Singh for offence under Sections 307, 450, 323 & 326 read with Sec. 34 Penal Code before the concerned Magistrate, who later on committed the case to learned trial Court.