LILA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants have filed this appeal challenging their conviction and sentence under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as I.P.C.) by the Court of Additional Sessions Judge, Kishangarh Bas, Camp Behrod, District Alwar (hereinafter referred to as the Trial Court) vide judgment/order dated 26.2.1982.

(2.) Prosecution story, as per the report lodged by complainant, Deena, P.W.-1 on 8.7.1979 at 3.30 P.M., in brief, is that on 6.7.1979 he had gone to Alwar for livelihood. On 8.7.1979, in the morning, the complainant was told by Bhagwana and Moola at Alwar that on 6.7.1979, Meda (elder brother of the complainant) was helping Bihari in erecting thatched roof. At about 5.00 P.M., appellants came and inflicted injuries to Meda with sticks. When Meda cried for help, Girdhari, Bheru and Bhagwana came running and saved Meda and made him lie on a cot. At about 7.00 P.M., Meda was going to lodge F.I.R. at Police Station Bansur. On the way, he was attacked by the appellants and their co-accused with sticks. The incident was witnessed by Moola and Murli.

(3.) After completion of investigation and necessary formalities, challan was presented against the accused. Charges were framed against the accused under Sections 147 and 302 I.P.C. read with Section 149 I.P.C. In order to prove its case during trial, prosecution examined 15 witnesses. After the close of prosecution evidence, appellants when examined under Section 313 of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), prayed that they had been falsely involved in this case due to previous enmity.