MUNNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs an adjudication of criminal appeal directed against the judgment and order dated 4-2-2005 passed by the Additional Sessions judge (Fast Track), Kaurali whereby he has convicted and sentenced the accused appellant Munna as under : under Section 302 IPC: imprisonment for life and fine of Rs. 5,000/-and in default of payment of fine to further undergo simple imprisonment for six months; under Section 323 IPC : rigorous Imprisonment of six months, under Section 324 IPC : rigorous Imprisonment of two years. All the sentences were ordered to run concurrently.

(2.) THE nub of the prosecution story is that on 18th November, 2002 at about 3. 00 p. m. , the accused appellant Munna armed with an axe in his hand came in the field of complainant PW/3 Pappu and started cutting babool tree. The complainant and his brother deceased Radhey Shyam asked him not to cut the green Babool tree whereupon munna got annoyed and went to his house telling him to face the consequences for refraining him to cut the Babool tree. Within no time, the accused persons of this case namely Ramheth, Shiv Ram, Hemraj, Phool bai, Shankar Bai, Bhanwar Bai and Jalbai armed with clubs, axe and gandasies entered into the field of the complainant with the common object to kill them. It is alleged that the accused Munna asked the complainant as to why did he dare to refrain him from cutting the Babool tree and now they are cutting the tree and they could do whatever they like. Thereafter, Munna and shiv Ram both cut two branches of the said tree. When the complainant Pappu and radhey Shyam asked them not to do so, the accused persons surrounded them. The accused Munna inflicted an axe blow on the head of Pappu and the accused Shiv Ram caused an axe blow on his right hand. When radhey Shyam came for his rescue, both the accused appellants Munna and Shiv ram each inflicted one axe blow on his head and rest of the accused persons gave them beating with lathies and axe. Raju, Kadu, ramphool and Ram Kumar are said to have seen this incident who are further said to have rescued them.

(3.) IT is further alleged that Pappu Ram and deceased Radhey Shyam were immediately taken to Sapotara hospital for their treatment. The deceased was referred to S. M. S. , Hospital and the complainant Pappu was discharged after having given him first aid. As per the statement of Pappu Lal, police and the Doctor of Sapotara Hospital did not take any action till 25-11-2002 and aggrieved with their inactive attitude, the complainant Pappu Lal filed a complaint Ex. P/6 in the Court of Additional Judicial Magistrate, Kurali who sent it for investigation under Section 156 (3) of Cr. P. C. The police registered the case and commenced investigation.