MAID SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Maid Singh, his son Sudhir Yadav, wife Urmila Devi were tried alongwith Kanwar Singh s/o Bhoorla and Kanta Devi w/o Kanwar Singh, by the Court of Additional Sessions Judge No.1, Tijara (Alwar). The said Court by extending benefit of doubt, recorded acquittal of Kanwar Singh and his wife Kanta Devi for offence under Sec. 302 IPC. The trial Judge held Maid Singh, his son Sudhir Yadav and wife Urmila Devi guilty of offence under Sec. 302 IPC and acquitted them of offences under Secs. 147, 148 and 302/149 IPC. Having convicted the above said accused for offence under Sec. 302 IPC, the trial Judge vide a separate order of even date sentenced the appellants to undergo life imprisonment and to pay a fine of Rs.1000.00 each, in default thereof, to undergo two months additional imprisonment. Aggrieved against their conviction and sentence, accused-appellants Maid Singh, Sudhir Yadav and Urmila Devi have preferred the present appeal.

(2.) Prosecution case has been summed up in the charges formulated against the appellants. The first charge stated that on 18/8/2011 at 6.00 AM in Village Binoliya the accused-appellants alongwith acquitted accused armed with deadly weapons, constituted an unlawful assembly with common object and thus, committed offences punishable under Secs. 147, 148 read with 149 IPC. The second charge stated that the accused armed with Kulhadi (Axe), Sariya (iron rod), rod and Lathi caused injuries to Shrichand, father of the complainant Suresh Kumar (PW.1) and thus, committed offence punishable under Sec. 302/149 IPC. The accused-appellants pleaded not guilty and claimed trial.

(3.) Before we refer to the prosecution evidence, it will be appropriate to take note of the written report (Ex.P.1) submitted by Suresh Kumar (PW.1) before Babulal (PW.16) who on 18/8/2011 was posted as Incharge, Police Station Tijara, District Alwar.