ALKARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant stands convicted and sentenced as below vide judgment dated 16.01.2016 passed by the learned District and Sessions Judge, Pratapgarh, in Sessions Case No.11/2012:

(2.) Being aggrieved of his conviction and sentence, the accused appellant has preferred the instant appeal under Section 374(2) Cr.P.C. Brief facts relevant and essential for disposal of the appeal are noted herein below:

(3.) Virendra (PW-1) lodged a written report (Ex.P/1) to the SHO, Peepalkhunt, District Pratapgarh on 07.12.2011 at 09.15 pm. alleging inter alia that his elder brother Baneshwar had entered into a naata with a woman named Asha wife of Sattu resident of Lank Tukda, P.S. Deogarh. The jhagda money traditionally required to be paid in lieu of the naata relationship was due. For claiming this amount, Sattu often used to visit the complainant's house with his companions and would quarrel with them. On the previous day i.e. 06.12.2011, at about 12 o' clock, Sattu came to the informant's house with 2-3 other persons and went back after hurling insinuations and a threat that if the Jhagda money was not paid, they would be killed. In the morning at about 8 o' clock, the informant alongwith his father Narayan and brother Kailash were at their house when Sattu came there with three more persons having lathis and axes in their hands and exhorted that Narayan's son had brought a woman of their family in naata and thus, the complainant's family party would not be left alive. Saying so, Sattu gave an axe blow on the head of the informant's father Narayan and the others started beating him by sticks. The informant's brothers Vijaypal and Kailash intervened on which, they too were beaten. Because of the injuries received in the assault, the informant's father fell down unconscious whereafter, the assailants ran away. Shri Narayan was taken to the hospital on a motorcycle where he passed away while undergoing treatment. On the basis of this report, an FIR No.316/2011 was registered at the Police Station Peepalkhunt, District Pratapgarh for the offences under Sections 302, 323, 447 and 448 IPC and the investigation was commenced. The investigating officer conducted the usual investigation. The deadbody of Shri Narayan was subjected to autopsy at the hands of the Medical Jurist Dr. Ramniwas (PW-16) at the Government Hospital Peepalkhunt who issued the postmortem report (Ex.P/15) in which, as many as four lacerated wounds were noticed, the location whereof was on the head of the deceased. The injury reports of the two injured witnesses viz. Vijaypal (Ex.P/8) and Kailash (Ex.P/9) were also prepared. The statements of the injured witnesses were recorded by the I.O. under Section 161 Cr.P.C. on 07.12.2011 itself. Both of them named the appellant as one of the assailants. Accordingly, the appellant and the co-accused Sattu @ Satyanarayan were arrested. Satyanarayan was found to be less than 18 years of age on the date of the incident. The appellant herein and Satyanarayan were chargehseeted in the Court of the Magistrate concerned for the offences under Sections 302, 323 and 447 IPC. Since the offences were Sessions triable, the case was committed to the Court of the Sessions Judge, Pratapagarh. An application came to be filed on behalf of the accused Satyanarayan for treating him to be a juvenile which was allowed by the trial court vide order dated 23.02.2012 and it was directed that his case be sent to the Principal Magistrate, Juvenile Justice, Pratapgarh for inquiry. The trial court framed charges against the appellant herein for the above offences. He pleaded not guilty and claimed trial. The prosecution examined as many as 18 witnesses and exhibited 25 documents in support of its case. Upon being questioned and when confronted with the circumstances appearing against him in the prosecution evidence, the appellant denied the same and claimed that he had been falsely implicated and was not present at the spot. However, no evidence was led in defence.