- (1.) These appeals have been preferred against the impugned judgment and order dated 20.9.2005, passed by the High Court of Judicature of Rajasthan at Jodhpur (Jaipur Bench) in D.B. Criminal Appeal Nos. 1454 and 1458 of 2002, by way of which, the High Court has converted the conviction of the respondents herein, from one under Sections 302/149 of Indian Penal Code, 1860 (hereinafter referred to as 'the IPC') and Section 148 IPC to another under Section 323 IPC, and the sentence awarded by the Sessions Court to life imprisonment with fine, has also been substituted by a sentence of one year.
(2.) Facts and circumstances giving rise to these appeals are that: A. A complaint was submitted by Batti Lal (PW.1) in the Police Station, Bamanwas on 28.8.2000 at about 9 a.m., that on the said day, his brother Prahlad (since deceased), had been grazing buffaloes. The respondents herein alongwith one Mahesh, absconder, had attacked Prahlad and inflicted injuries on his person. Mahesh had hit Prahlad on the head with a rod, whereas the respondents had inflicted injuries with lathis. Kedar-accused had tried to push Prahlad to crush him under the tractor driven by the accused, but could not succeed. Prahlad had then been taken to the local hospital, from where he was referred to Jaipur Hospital, but he succumbed to his injuries while in transit. B. On the basis of the said report, a case under Sections 147, 148, 149 and 302 IPC was registered against the respondents and Mahesh, absconder, and investigation commenced. Autopsy on the dead body of Prahlad was performed. The respondents were arrested. All necessary memos were drawn up, and upon completion of the investigation, a charge sheet was filed against the respondents. However, the investigation against Mahesh remained pending, as he had been absconding. C. The trial commenced. The prosecution examined 15 witnesses in support of its case. The respondents were examined under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C.'). They not only pleaded innocence but also examined one witness in defence. Upon completion of the trial, the learned Trial Court convicted and sentenced the respondents as has been referred to hereinabove. D. Aggrieved, the respondents preferred criminal appeals before the High Court, which were allowed vide impugned judgment and order. Hence, these appeals.
(3.) Shri Ajay Veer Singh, learned counsel appearing for the State, has submitted, that in light of the grievous injuries found on the body of Prahlad (deceased), which are undeniably homicidal in nature, the case certainly did not warrant the conversion of the conviction of the respondents from under Sections 302/149/148 IPC, to one under Section 323 IPC. There was sufficient evidence on record to show that the respondents were the aggressors, and the mere pendency of the cross case before the Trial Court should not give leverage to the High Court to take such a lenient view. Therefore, the appeals deserve to be allowed.;