RADHEY SHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal, on behalf of three appellants-Radheyshyam, Nandkishore and Ramhet, is directed against the impugned judgment and order dated 16th July, 2003 passed by the additional District and Sessions Judge (Fast track) No. 2, Baran, Headquarters Chhabra, in Sessions Case No. 40/2003, whereby they have been convicted and sentenced as under :-Accused under Section imprisonment radheyshyam 302 IPC to undergo life imprisonment and a fine of Rs. 100/-; in default, to further undergo 15 days RI 325/34 IPC to undergo 3 years RI and a fine of Rs. 100/-; in default, to further undergo 15 days RI 323 IPC to undergo 6 months RI and a fine of Rs. 50/-; in default, to further undergo 10 days RI nandkishore and Ramhet 302/34 IPC each of the accused to undergo life imprisonment and to pay a fine of Rs. 100/-; in default, to further undergo 15 days RI accused under Section 325/34 IPC 323 IPC imprisonment each of the accused to undergo 3 years RI and to pay a fine of Rs. 100/-; in default, to further undergo 1 5 days RI each of the accused to undergo 6 months RI and to pay a fine of Rs. 50/-; in default, to further undergo 10 days RI all the sentences were ordered to run concurrently.

(2.) THE material facts necessary for disposal of the present appeal, in brief, are that a 'parcha bayan' (Exhibit P1) of injured prahlad (PW 1) was recorded on 19th June, 2001 at 1. 20 a. m. at Bed No. 17 of government Hospital, Khanpur by ASI Nathu Singh (PW-17), wherein it was stated by him that he is a resident of village Kirpuria. He stated that yesterday at about 7. 00 p. m. he was sitting in his house; his elder brother chhitar was also there in the house and, while they were sitting in the house, they heard hue and cry; upon hearing it, his brother Chhitar came out of the house and he saw Radheyshyam, Nandkishore and ramhet abusing, his brother told as to why they are abusing and on this Radheyshyam inflicted a 'gandasi' blow on the head of his brother Chhitar; thereafter Nandkishore and ramhet also started giving lathi blows on his person; Chhitar fell down. He and his father Kanhaiyalal intervened but they were also beaten. Radheyshyam inflicted a 'gandasi' blow on his person on the left leg. Nandkishore inflicted a lathi blow on his left hand. Nandkishore also inflicted 'lathi' blow on his left leg. His father was also beaten by ramhet. Ramkishan also started throwing stones. The incident was seen by Jamnalal and Damodar. These persons have inflicted injuries on their persons with the intention to kill them. They have inflicted injuries because of quarrel in between the children.

(3.) ON the basis of above 'parcha bayan', an FIR (Exhibit P-6) under Sections 307, 504, 336, 34, I. P. C. was registered at the police Station Khanpur but, without putting any number on it, the same was forwarded to the concerned Police Station having jurisdiction over the place i. e. Police Station, atru. Before FIR could be registered, the sho, Khanpur, informed the Police Station, atru, that injured Chhitarlal has died, therefore, FIR No. 249/2001 (Exhibit P-7) was registered at the Police Station, Atru, under sections 302, 307, 336, 504 and 34,i. P. C. and investigation commenced.