CHIDIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two criminal appeals under Sec. 374(2) of Cr.P.C. have been preferred by the respective accused-appellants against the judgment and order of conviction dt. 11/8/2011 passed by the learned Additional Sessions Judge, Sri Karanpur District Sri Ganganagar in Sessions Case No.34/2008 whereby the accused appellants have been convicted for the offence under Sec. 302/34 IPC and sentenced for life imprisonment with a fine of Rs.10,000.00, in default of payment of fine further to undergo six months simple imprisonment. As both the appeals are directed against a common judgment, the same are being decided together.

(2.) The prosecution case as narrated by PW1 Ishwar Devi in the complaint (Ex.P/1) dt. 16/9/2008 lodged at Police Station, Sri Karanpur District Sri Ganganagar is that on 15/9/2008, she was at her home with her children, mother in law Jati Bai and her husband Tek Chand. While she was preparing food in the kitchen, accused Chidiya S/o Jaswant Singh came to their house and called out for her husband who went out to meet him. She heard hue and cry from outside, therefore, she along with her mother in law came out of the house and saw that her husband was lying outside on the floor. The accused appellants Chidiya and Jagseer Singh were assaulting her husband. Accused appellant Chidiya inflicted 2-3 blows by iron rod (handle of the hand pump). Jagseer Singh inflicted lathi blows to Tek Chand. When she screamed and raised an alarm, the assailants fled away from the spot. Her husband became unconscious and was taken to the hospital where he succumbed to the injuries.

(3.) On this complaint, a formal F.I.R. No.178/2008 was registered at Police Station, Sri Karanpur District Sri Ganganagar for the offences under Sec. 302, 323/34 of I.P.C. against the accused-appellants.