HARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 21- 4-2003 passed by Additional Sessions Judge (Fast Track), Hindauncity by which he convicted accused-appellant-Kadu under Section 302, I. P. C. and other accused-appellants Hari, Pattal alias Suraj Mal and Ram Niwas under Section 302/34, I. P. C. and sentenced each accused to undergo life imprisonment and fine of Rs. 500/-, in default of payment of fine to further undergo three months rigorous imprisonment.

(2.) Brief facts of the prosecution case are, that PW-3 Vikram Singh lodged F. I. R. Ex. P/1 on 30th July, 2001 at 2.15 p.m. and stated that on 30th July, 2001 at 9.30 p.m. his father Narayan alongwith his mother Kampuri, sister Kinni (Kinni) went to their field. Kadu, Ran Niwas, Hari, Dharam Singh, Pattal, Kailash, Kishanpal, Keshanti, Barfi armed with Gandasi, Farsa, Sela, Lathi were sitting in the field and Hari was tilling field by tractor. Narayan requested Hari not to till the field then all accused-persons belaboured Narayan with lathi, his mother and sister tried to rescue then they were also beaten. Accused Kadu caused injury with iron sela on the chest of Narayan on account of which Narayan died instantly. His mother and sister cried, then he alongwith his elder brother Sagar Singh rushed to the spot by then his father Narayan had died. On this report, case under Sections 147, 148, 149, 302, I. P. C. was registered and after completion of investigation, challan was filed against accused-appellants under Section 302/34, I. P. C. in the Court of A. C. J. M. Hindaun. Case was committed to the Court of Additional Sessions Judge, Hindaun which was transferred to the Court of Additional Sessions Judge (Fast Track), Hindaun and charges under Sections 302, 302/34, I. P. C. were framed against accused- persons to which they denied. Prosecution examined 14 witnesses and after recording statement under Section 313, Cr. P. C. and hearing arguments, accused-appellants were convicted and sentenced as aforesaid.

(3.) Heard learned counsel for the parties and perused record.