AMAR CHAND & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appellants were convicted and sentenced by the Court of Special Judge, SC/ST (Prevention of Atrocities) Act Cases and Additional Sessions Judge, Pratapgarh in Sessions Case No. 29/94 (115/93 old) vide judgment dated 8.12.1994. The appellant Amar Chand was convicted under section 302 Penal Code and the other two appellants Dharma and Kesia were convicted under section 302 read with section 34 Penal Code and all the three appellants were sentenced to life imprisonment with a fine of Rs.200.00. In default of payment of fine, they were to undergo two month's rigorous imprisonment. The learned Sessions Judge considered the case of the prosecution and believed its witnesses and held that the accused Amar Chand caused the solitary injury available on the head of the deceased Kalu Singh and the accused Kesia and Dharma were assisting him. However, the accused Raya was acquitted of the offence under section 302 read with Sec. 190 IPC.

(2.) Briefly stated the prosecution case was that three accused persons and the deceased were seen quarrelling. At that time PW 8 Thawar Singh came. He saw accused Amariya causing an injury on the head of Kalu Singh by stick. The other accused persons were also asserting that Kalu Singh should be finished. At that time, Gautam, Devla and Dhaniya witnesses arrived and the accused ran away from there. Thawar Singh gave the motive of the occurrence as some dispute regarding ladies. The first information report Ex.P/5 was recorded on the statements of Thawar Singh and on the basis of this report, a formal FIR Ex.P/14 was recorded on 20th March, 1993 at 11.00 A.M. The occurrence was said to have occurred around 8.00 A.M.

(3.) After recording of the FIR under section 307 IPC, the investigation was started. Six days later, Kalu Singh succumbed to his injuries and, thereafter, the case was converted under section 302 IPC. After completing investigation, the charge sheet was filed against the accused persons. The accused were charged under various charges. Amariya was charged under section 302 Penal Code simplicitor. Dharma and Kesia were charged under section 203 read with Sec. 34 IPC. Raya was charged under section 302 read with section 109 IPC. The accused denied the charges and claimed trial.