- (1.) Both these jail appeals arise from the judgment dated 05.11.2004 passed by the Addl. Sessions Judge (Fast Track) No.3, Udaipur (Camp Salumbar) in Sessions Case No.22/2004, whereby, the trial Court convicted the appellants for offences under Sections 148, 341, 302/149, 323 and 324, I.P.C. and sentenced each of the appellants as under : Facts of the case indicate that upon oral complaint made on 09.08.2000 by complainant Nawal Singh, P.W.-1 (s/o deceased Anar Singh), an F.I.R. was registered at Police Station Pahara (District Udaipur) against the appellants and one juvenile Manohar Singh under Sections 302/149, 341, 323, 324 and 148, I.P.C. In the FIR, it is alleged by the complainant that on 09.08.2000 his whole family members were in their residential house at village Gohawara including his father deceased Anar Singh and mother Lali and two sisters. At about 11.30 A.M., his father Anar Singh went for bringing water from the well and, at the time when he was going towards the well in his agriculture field, the accused party including Kesar Singh (elder brother of deceased Anar Singh), Sajjan Singh, Jaswant Singh, Manohar Singh, Amar Singh and Ragi came on the spot, armed with weapons viz., lathi, kudali and iron pipe, with common intention surrounded his father and assaulted him. At that time, his mother also rushed to the place of the occurrence for rescuing her husband but she was caught hold of by Smt. Ragi and all the accused-appellants started beating his father and mother with the weapons mentioned above. According to the complainant, Kesar Singh was armed with lathi, Jaswant Singh had kudali and Manohar Singh was armed with iron pipe. Due to severe beating, the father and mother of the complainant fell down and lay at the spot and, at the time when both his father and mother received injuries they shouted for their rescue but nobody came on the spot for their help. His sister Geeta and he also intervened but they were also assaulted by the accused persons.
(2.) As per the complainant, he immediately went to the house of P.W.-2 Sardar Singh, Sarpanch of the area and Kure Singh who came at the spot and, thereafter, P.W.-2 Sardara Singh gave information by telephone to the Police Station Pahara. At that time, his father and mother were lying in the field of maze. As per the complainant, his father suffered fractures of his right hand and leg and also received injuries on his head and his mother also received severe injuries upon her body which resulted in death of both his father and mother. As per the allegation of the complainant, there was dispute of land between his elder father (his father's elder brother) and father, due to which, the occurrence took place and due to severe beating by the accusedappellants his father and mother both died.
(3.) Upon the said complaint, FIR No.157/2000 was registered at Police Station Pahara (District Udaipur) and investigation commenced. The investigating officer, after completing the investigation and arrest of the appellants, filed challan against all the appellants and one Manohar Singh, juvenile, in the Court of Judl. Magistrate, Kherwada from where the case was committed to the Court of Sessions and, later on, the same was transferred to the Addl. District Judge No.2, Udaipur where after framing of the charges, the learned trial Court proceeded to try the case. Learned trial Court passed order for separate trial of juvenile Manohar Singh, by which, his case was transferred to the Juvenile Justice Board, Udaipur and separate trial was conducted there. Before the trial Court, to prove the case, the prosecution adduced evidence and, in all, 20 prosecution witnesses were examined by the trial Court. Thereafter, statements of 313, Cr.P.C. were recorded and 3 witnesses were produced in defence. At the trial, number of documents were also exhibited to prove the case from the prosecution side. Following witnesses were produced before the trial Court to prove the prosecution case.;