MADAN LAL AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The two appellants Madan Lal and Shyam Sundar have filed this appeal seeking to challenge the judgment of learned Additional Sessions Judge (Fast Track), Anoopgarh dated 21.1.2003, whereby the appellant Madan Lal was convicted for the offences under Sections 302, 307 and 450/34 I.P.C. and sentenced to imprisonment for life with fine of Rs. 500.00 in default to undergo 3 months' additional rigorous imprisonment under Sec. 302, 10 years' rigorous imprisonment with a fine of Rs. 500.00 in default to further undergo 5 months' further 3 months' rigorous imprisonment under Sec. 307, and 5 years' R.I. along with fine of Rs. 200.00 in default to undergo one month's additional R.I. for offence under Sec. 450/34, which the other appellant Shyam Sundar was convicted for the offences under Sections 302/34, 307/34 and 450/34 I.P.C., and sentenced to imprisonment for life with fine of Rs. 500.00 in default to undergo 3 months' additional rigorous imprisonment under Sec. 302/34, 10 years' rigorous imprisonment with a fine of Rs. 500.00, in default to further undergo 5 months' further 3 months' rigorous imprisonment under Sec. 307/34, and 5 years' R.I. along with fine of Rs. 200.00, in default to undergo one month's additional R.I. for offence under Sec. 450/34.

(2.) The facts of the case are, that on 10.3.2000 at 7.00 A.M., a Parcha Bayan of the injured Jagdish, who happens to be the father of the two appellants, was recorded, being Ex.P-1, wherein Jagdish stated, that his earlier wife Mouri Devi died some 3-4 years ago, and he had three sons from that wedlock, eldest is Madan Lal, second is Shyam Sundar, and third is Kalu Ram. He contacted another marriage with Smt. Kamla, some 2 years ago. He then deposed that the two elder sons are married, and are living separately for last one year, they have their independent houses in the same village, both of them have married to two sisters, being daughters of one Ballu Ram Kumhar resident of Lalgarh. One month ago, the two elder sons asked for partition of land, and accordingly be gave ⅕th share of land to them. Giving this background he deposed that last evening at about 9-10 P.M. his middle son Shyam Sundar came, and called to come out, whereupon he came out, and when he reached near the kotha, where cattle are tethered, Shyam Sundar pushed him in the kotha, and he lost balance, somehow he maintained balance, and in the meantime, one person, who was inside the kotha gave two stab wound in the abdomen, thereupon he raised a cry, which attracted his wife Kamla, who intervened. Thereupon both of them spared him and started showering stab wounds on her. Then he has claimed to have identified the first assailant, being his first elder son Madan Lal. Thereupon both of them raised cry, and the two accused left them, and went away. His wife fell down, and he went to his uncle Gopi Ram, raising cry of "Frit IN). Then his uncle came out, to whom he narrated the whole story. Then his uncle and brothers Balwant and Krishna carried them in jeep to doctor at Suratgarh hospital, and got them admitted, wherefrom they were referred to Ganganagar Government Hospital, where they were admitted, now his wife had died in the Government Hospital. After recording this statement, the injureds were got examined, and it was found that drip was on, on the right hand of the injured, there was a tube inserted in the nose, and a catheter for urine, the abdomen injury was bandaged, therefore, case under Sections 302, 307 and 334 I.P.C. was found to have been made out, and since the incident is related to Suratgarh, the original statement were sent to Suratgarh. This statement was received at Police Station Suratgarh at 9.30 A.M., and thereupon F.I.R. No. 100/2001 was registered, and investigation commenced. After completing usual investigation, a charge-sheet was submitted against the accused. The case was committed. The learned trial Court framed charges under Sections 302, 307 and 450/34 I.P.C. against the accused Madan Lal, while charges under Sections 302/34, 307/34 and 450/34 I.P.C. were framed against the accused Shyam Sundar.

(3.) During trial, the prosecution examined some 12 witnesses, tendered in evidence some 30 documents, and four articles were exhibited. The accused denied the charges. The learned trial Court after completing the prosecution evidence recorded the statement of the accused under Sec. 313, wherein accused Madan Lal stated, that Birbal Ram and Sukhram wielded pressure on their father, and after getting the report scribed, obtained signatures of their father in an unconscious state, with a view to grab their land, while accused Shyam Sundar adopted a stand of denial. In defence, the accused examined four witnesses, including the youngest brother Kalu Ram, and also tendered in evidence some 6 documents.