SUNIL KUMAR GARG - (1.) This appeal has been filed by the above-named accused appellants against the judgment and order dated 20-9-2000 passed by the learned Addl. Sessions Judge No. 1, Hanumangarh Camp Sangaria in Sessions Case No. 15/96 (95/95) by which he convicted the accused appellants for the offence under Section 307/34, IPC and sentenced each of them to undergo seven years' RI and to pay fine of Rs. 5000/-, in default of payment of fine, to further undergo three months' RI. By the same judgment, the accused appellants were acquitted of the charges under Sections 324/34 and 325/34, IPC and further, another accused Krishna Singh was acquitted of all the charges framed against him.
(2.) It arises in the following circumstances :- On 27-9-1995 at about 11.30 p.m., PW6 Ramlal gave a Parchabayan Ex. P/10 before the SHO, Police Station Sangaria District Hanumangarh while he was admitted in the Hospital stating inter alia that at about 8.00 p.m. his brother Nanakram, PW2 went to the shop of Ramkumar for the purpose of purchasing bidi and upon hearing cries there, PW6 Ramlal and his brother Arjun Kumar, PW1 both went to the shop and saw that accused appellant No. 1 Chanan Singh and another accused Krishna were fighting with PW2 Nanakram and hand of PW2 Nanakram was being held up by accused Krishna and he was put on the ground and then accused appellants No. 2 Santa Singh and No. 3 Tara Singh also came there and they were having lathi and gandasa in their hands and they all started beating PW2 Nanakram and when PW6 Ramlal and PW1 Arjun Singh intervened in the matter, accused appellant No. 1 Chanan Singh gave a gandasa blow from the back side on the head of PW6 Ramlal and other accused also beat him. They also caused injuries to PW1 Arjun Singh. Thereafter, PW3 Chanan Singh, another brother of PW6 Ramlal, also came there and they were saved by Surjan Singh etc. Upon this, police registered the case and chalked out FIR Ex. P/11 and started investigation. During investigation, the medical examinations of PW6 Ramlal, PW1 Arjun Singh and PW3 Chanan Singh were got conducted by Dr. K. K. Sharma, PW4. After usual investigation, the police submitted challan against four accused persons in the Court of Magistrate, from where the case was committed to the Court of Session. On 30-3-1996, the learned Addl. Sessions Judge, Hanumangarh framed charges for the offence under Sections 307/34, 325/34 and 324/34 against the present accused-appellants and against accused Krishna. The charge under Section 307/34, IPC was levelled against the accused-respondents for causing injuries to PW1 Arjun Singh and PW6 Ramlal; charge under Section 325/34, IPC was levelled for causing injuries to PW3 Chanan Singh and charge under Section 324/34, IPC was levelled for causing injuries to PW3 Chanan Singh and PW2 Nanakram. The charges were read over and explained to the accused, who pleaded not guilty and claimed trial. During trial, as many as seven witnesses were got produced by the prosecution and got exhibited some documents. Thereafter, statements of the accused under Section 313, Cr. P.C. were recorded. No evidence was led in defence by accused. After conclusion of trial, the learned Addl. Sessions Judge No. 1, Hanumangarh vide his judgment and order dated 20th Sept. 2000 convicted the present accused appellants for the offence under Sections 307/34, IPC and sentenced in the manner as indicated above holding inter alia :- 1. That prosecution has proved its case beyond reasonable doubt against the present accused-appellants for the offence under Section 307/34, IPC. 2. That prosecution has failed to prove the charge for the offence under Section 325/34, IPC against the accused-appellants.
(3.) That similarly prosecution has not been able to prove the charge for the offence under Section 324/34, IPC against the accused-appellants.;