CHHAGAN ALIAS SAGAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY filing instant criminal appeal under Section 374 (2) Cr. P. C. , the accused appellants have challenged the Judgment of conviction and sentence dated 1. 4. 2004 passed by learned Additional District & Sessions Judge (Fast Track) Laxmangarh, District Alwar (for short `the learned trial Court') in Sessions Case No. 24/2003, whereby the learned trial Court convicted and sentenced each of the accused appellants as under: S. 307/34 IPC: Seven years Rigorous Imprisonment, Rs. 2000/- fine. In case of default in payment of fine, he shall undergo six months' Rigorous Imprisonment. S. 323/34 IPC: Six months' Rigorous Imprisonment, Rs. 500/- fine. In case of default in payment of fine, they shall undergo one month Rigorous Imprisonment. S. 447 IPC: One month Rigorous Imprisonment, Rs. 100/- fine. In case of default in payment of fine, he shall undergo three days Imprisonment. All sentences were ordered to run concurrently.

(2.) BRIEF facts of the case, as set up by the prosecution are that complainant Dolya s/o Chuttan lodged a report at P. S. Laxmangarh on 29. 10. 2002, stating therein that on 29. 10. 2002 at about 8:00 AM in the morning he and his son Himmat were at their Boring and Kailash had come to take pipe. Crop of Mustard was standing in the field. Himmat went on seeing him. Chhagan @ Sagan, Hari Singh, Ram Niwas, Kishori, Kajodi w/o Kajodi Mamli, wives of Hari Singh and Sugan came with lathi, farsi, fawda, tancha in their hands and started demolishing boundary of their field. His son Himmat stopped them then they attacked on him. On listing noise, other persons came there and on seeing persons, accused persons ran away. Due to injuries, condition of Himmat became serious and grandson took Himmat to the hospital.

(3.) THE learned trial Court after hearing both the parties convicted and sentenced the accused appellants vide Judgment 1. 4. 2004 as mentioned above. THE accused appellants being aggrieved with the impugned Judgment of conviction and sentence have preferred the instant criminal appeal.