- (1.) This appeal challenges the conviction and sentence awarded to the appellants by the learned Additional Sessions Judge (Fast Track), Alwar in Sessions Case No.40/2002 (45/02), State Vs. Pikki & Ors. on 17.10.2002, which are as under:- Appellants Pikki and Munshi Singh 1.Section 302 IPC: Life imprisonment and fine of Rs.5000/- each. In default one year rigorous imprisonment. 2.Section 148: Three years rigorous imprisonment and fine of Rs.1000/- each. In default six months rigorous imprisonment. 3.Section 324 IPC: Three years rigorous imprisonment and fine of Rs.1000/- each. In default, six months rigorous imprisonment. 4.Section 323/149: Six months rigorous imprisonment. Appellants Sohan Singh and Mst. Rajo Kaur. 1.Section 302/149 IPC: Life imprisonment and fine of Rs.2000/- each. In default one year rigorous imprisonment. 2.Section 148: Three years rigorous imprisonment and fine of Rs.1000/-each. In default, six months rigorous imprisonment. 3.Section 324/149 IPC: Three years rigorous imprisonment and fine of Rs.1000/- each. In default, six months rigorous imprisonment. 4.Section 323/149 IPC: Six months rigorous imprisonment.
(2.) The brief facts of the case are that Dr. Amar Singh Rathore PW-14 sent a letter (Ext.P32) to the Police informing that Bhagwan Singh, S/o Satnam Singh, resident of Mugaska, is admitted on bed no.4 in the hospital due to stab wound and necessary action may be taken. In turn Rajendra Prasad, Sub-Inspector, N.E.B. Police Chowki, Police Station Shivaji Park, Alwar, on receiving a wireless message that the persons injured in a scuffle at Village Mugaska have been admitted in the General Hospital, Alwar, reached the hospital where Kashmir Singh, S/o Satram Singh, submitted a written report (Ext.P7) stating therein that at about 6.00 P.M. on 06.12.2001, an altercation took place between his brother Dalip Singh and Sohan Singh with regard to the amount of credit of his shop. On account of it, Munshi Singh, Pikki Singh, Tinku Singh, Sohan Singh and his wife Mst. Rajo caught hold of his brother and gave him a beating. When Bhagwan alias Jeewa and he went to rescue Dalip Singh, the aforesaid persons assaulted them also. Munshi Singh, Pikki Singh, Tinku Singh and Sohan Singh attacked his brother Dalip Singh and Bhagwan Singh with knives and they were seriously injured. Both of them were taken to the hospital and on reaching there his brother Dalip Singh was declared dead. The condition of Bhagwan Singh was also serious. Munshi inflicted an injury on his back with a knife. After the beating, the aforesaid persons have given threats for further beating and action may be taken against them. The aforesaid written report was sent to the Police Station, on which an FIR (No.290/2001) was registered for offences under Sections 147, 148, 149, 323, 324, 302 and 307 IPC. The Police conducted the investigation and the accused persons were arrested. Accused Pikki, Munshi Singh and Vikram Singh gave information (Exts.P41 to P43) under Section 27 of Indian Evidence Act and at their behest knives were recovered vide recovery memos Exts.P5, P23 and P25. The Police recovered clothes of deceased persons vide Exts.P21 and P22 and sent them for analysis to FSL. Knives recovered from the accused persons were also sent for analysis to F.S.L. The Police investigated the site and got the post-mortem conducted of Dalip Singh and Bhagwan Singh (who expired on the night of 06.12.2001). After completion of investigation, Police submitted a report under Section 173 Cr.P.C. against accused Munshi Singh, Pikky, Vikram Singh alias Tinku for offences under Sections 147, 148, 149, 323, 324, 307, 302 IPC and Section 4/25 of Arms Act and against Sohan Singh, Mst. Rajo Kaur for offences under Sections 147, 148, 149, 323, 324, 307 and 302 IPC in the Court of Additional Chief Judicial Magistrate No.2, Alwar. It was also mentioned in the report that accused Sohan Singh alias Kala is absconding. The learned Judicial Magistrate took cognizance against accused persons for the aforesaid offences. Subsequently, supplementary charge-sheet was filed against accused Sohan Singh alias Kala Singh for the aforesaid offences. Both the cases were consolidated. The case against accused Vikram Singh alias Tinku was referred to the Chief Judicial Magistrate, Alwar, as he was found to be juvenile. The learned Additional Chief Judicial Magistrate No.2 Alwar committed the remaining four accused persons to the learned Sessions Judge, Alwar for trial. Subsequently, the case was transferred to the Court of learned Addl. Sessions Judge (Fast Track) Alwar on 06.05.2002.
(3.) After hearing charge arguments, the learned Trial Court framed charges for offences under Sections 148, 302 in alternative 302/148, 324/149 and 323/149 I.P.C. against accused Pikki and Munshi Singh, while charges for offences under Sections 148, 302/149, 324 and 323/149 IPC were framed against accused Sohan Singh and Mst. Rajo. The accused persons pleaded not guilty and claimed trial. The prosecution produced as many as 23 witnesses and documents Exts.P1 to P50 in support of its case. The accused persons were examined under Section 313 Cr.P.C. and they stated that no money was due against them. They are poor persons and have not been on talking terms with the complainant party for the last 3-4 years. On the day of occurrence, they had got sand (????) for repair work of the house, which was lying in front of their house, as Munshi Singh was to be married soon. An altercation took place with the complainant party for having put the sand there. Jagjeet Singh DW-1 was produced in defence and documents Exts.D1 to D9 were marked. After hearing the parties, learned Trial Court held the appellants guilty of the aforesaid offences and convicted them, as stated in earlier part of the judgment. It is noteworthy to mention here that the appeal stood abated vide order dated 27.07.2011 so far as Mst. Rajo Kaur is concerned, as she had expired on 30.08.2003.;