KANCHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) TWO groups indulged in a free fight resulting in injuries to persons of both groups and death of one. The appellants, three in number, were indicted before the learned Special Judge SC/st (PA) Cases and Additional Sessions Judge Sawai Madhopur, for having committed murder of Jagdish. Learned Judge vide judgment dated November 25, 2003 convicted and sentenced the appellants as under:- Narendra: U/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer imprisonment for five months. U/s. 325/34 IPC: To suffer rigorous imprisonment for two years and six months and fine of Rs. 1000/-, in default to further suffer imprisonment for one month. U/s. 323/34 IPC: To suffer rigorous imprisonment for six months. Ramesh: U/s. 302/34 IPC: To suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer imprisonment for five months. U/s. 325 IPC: To suffer rigorous imprisonment for two years and six months and fine of Rs. 1000/-, in default to further suffer imprisonment for one month. U/s. 323 IPC: To suffer rigorous imprisonment for six months. Smt. Kanchan: U/s. 302/34 IPC: To suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer imprisonment for five months. U/s. 325/34 IPC: To suffer rigorous imprisonment for two years and six months and fine of Rs. 1000/-, in default to further suffer imprisonment for one month. U/s. 323 IPC: To suffer rigorous imprisonment for six months. Sentences were ordered to run concurrently.

(2.) BRIEFLY stated the prosecution case is that on December 7, 2002 Sumer Singh, SI (Pw. 15) recorded Parcha Bayan (Ex. P-1) of Ram Swaroop, who stated that on the said day around 2. 30 PM while informant, his two brothers Kailash and Jagdish and two labourers viz. Rasheed and Banwari were installing fencing wires on the boundary of their field and the field of accused the accused Narendra, Mukesh, Ramesh and Kanchan, armed with Gandasi and lathis came over there and started hurling abuses and pelting stones. Narendra inflicted blow with Gandasi on the head of Kailash, Ramesh inflicted lathi blow on informant's head and right shoulder whereas Mukesh gave lathi blow on his left shoulder. Kanchan Devi and Mukesh inflicted lathi blow on the person of Jagdish. As a result of which Kailash fell down. Hearing hues and cry Prabhu, Latoor and others reached there and removed the injured to hospital at Sawai Madhopur. On that parcha bayan, case under sections 341, 323, 504 and 34 IPC was registered and investigation commenced. During the course of investigation injured Jagdish succumbed to his injuries and section 302 IPC was added. Autopsy on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge SC/st (PA) Cases and Additional Sessions Judge Sawai Madhopur. Charges under sections 302, 302/34, 325, 325/34, 323 and 341 IPC were framed against the appellants, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. In the explanation under Sec. 313 Crpc, the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.

(3.) AT this juncture it will be appropriate to consider the injuries received by appellants. Appellant Ramesh vide injury report (Ex. D-3a) received following injuries:- 1. Diffuse swelling R. forearm 11/2 and wrist with tender and abrasion 1/4 x 1/4 cm with fresh clotted blood. 2. Lacerated wound 1 x 1/2 x MD over L. hand 3. Lacerated wound 1 x 1/4 x MD on L. parietal region. 4. C/o pain Rt. shoulder.