KESAR DEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Vide this order above mentioned two appeals would be disposed of.

(2.) FIR No. 68 dtd. 5/9/2005 was registered at Police Station Nechhwa, District Sikar under Sec. 147, 148, 149, 323, 307, 302, 458 of The Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Sec. 3/25 of the Arms Act, 1959 (hereinafter referred to as the 'Act') on a report lodged by complainant Heera Lal.

(3.) Prosecution story in brief was that on 4/9/2005, complainant was sleeping in his house alongwith his other family members, i.e., his father Narayanram, mother Jivanee Devi sister Jyana Devi. At about 1.30 a.m., some persons started knocking at the gate of the house of the complainant. When the father of the complainant inquired as to who was outside, Kesar Dev replied that they had to commit murder. Kesar Dev, alongwith twenty other persons, jumped over the wall and entered the house of the complainant and started inflicted injuries to them with the help of sticks, farsi, swords, iron rods and guns. Ramdev Singh grandfather of the complainant, Teju Devi grandmother of the complainant and Tulcharam came there to rescue the complainant party. Kesar Dev fired from his 12 bore gun and as a result Teju Devi and Ramdev suffered firearm injuries. Narayanram, Tulcharam, Bhanwar Singh, Jyana Devi, Jivanee Devi and Mukesh also suffered injuries. Teju Devi died at the spot, whereas, Ramdev Singh died during treatment, on account of injuries suffered by them.