- (1.) Appellants have faced trial in FIR No. 81 dated 23.7.2013 registered at Police Station Mehandipur Balaji, Dausa under Sections 143, 342, 323 and 302 Indian Penal Code, 1860. Prosecution story, in brief, as per FIR was that on 22.7.2013 at about 6:00 PM, complainant Baliram was returning home. On the way, Mahendra who was also coming was picked up by Nandkishor @ Gurji, Harkesh, Pintu, Goti, Pinky, Saroj, Kedar, Kadi, Deviram and Yadram and after taking him to a room they inflicted injuries to him. They were already having a land dispute. Injured was removed to the hospital for treatment. However, Mahendra succumbed to his injuries.
(2.) After completion of investigation and necessary formalities, challan was presented against appellants Nand Kishore @ Gurji, Harkesh, Yogesh @ Pintu and Kedar Meena. Charges were framed against the appellants under Sections 342, 302, 302/34 IPC. Appellants did not plead guilty to the charges framed against them and claimed trial. During trial prosecution examined twenty witnesses.
(3.) Appellants when examined under Section 313 Code of Criminal Procedure, 1973, after close of prosecution evidence, prayed that they were innocent and had been falsely involved in the case. It was pleaded that Mahendra indulged in theft of electricity. He had climbed over the electricity pole and had fallen from the pole, which had resulted in his death. Deceased was habitual offender and many cases were pending against him.;