- (1.) The learned Additional District and Sessions Judge (Fast Track) Laxmangarh, Alwar vide impugned judgment dated 28.04.2005 convicted the accused appellants Totaram and Bijender @ Paddu for offences punishable under Sections 302/34, 341 IPC and 4/25 Arms Act and sentenced each of them as under: Under Section 302/34 IPC : Life term imprisonment with a fine of Rs. 1,000/-, in default of payment of fine to undergo further one month imprisonment. Under Section 341 IPC : One month simple imprisonment. Under Section 4/25 Arms Act : One year rigorous imprisonment with a fine of Rs. 100/- each, in default of payment of fine to under further three days imprisonment. Facts The brief facts of the case are that on 12.08.2003 Bishan Singh (PW-3) lodged a written report (Ex. P/3) at Police Station Govindgarh, District Alwar stating that in the evening at 4.30 p.m. his son Joginder Singh was returning from the railway station Govindgarh to his village Kharsanki since he missed the train for going to Alwar. The accused persons were standing in the village armed with Farsi, tachia, gandasa, kappa to kill his son. The accused appellants Paddu son of Jugliram, totaram had Farsi in their hands. The other accused persons Jugliram also had a Farsi in his hand, Rajveer had a gandasa, Dilip and a Tachia, Mahaveer had a Farsi, Sundri had a Farsi, Kamri had a gandasa in their hands. The accused persons gave Farsi, Kappa, tachia, gandasa blows on the neck of his son Joginder Singh resulting in cutting of his neck and Joginder Singh also received injuries by Farsi blow on his head resulting in his death on the spot. On hearing the commotion the family members came on the spot but the accused after killing his son ran away. Inder Singh, Pappu @ Jangir Singh, Mahendra Singh, Suchha Singh came on the spot. On the basis of the written report, an F.I.R. No. 66/2003 (Ex. P/4) under Section 147, 148, 149 and 302 IPC was registered on 12.08.2003 at 6.30 p.m. at Police Station, Govindgarh, District Alwar.
(2.) After completion of the investigation, a challan was filed against the accused appellants Totaram and Bijender @ Paddu and Mahaveer Singh. The case being triable by he Court of Sessions, the same was committed to Sessions Court from where it was transferred to Additional District and Sessions Judge (Fast Track), Laxmangarh, Alwar. The accused Mahaveer Singh being a juvenile on the date of incident, the proceedings were initiated against him before the Juvenile Court.
(3.) The learned trial court framed charges against the accused appellants Totaram and Brijendra @ Paddu under Section 302/34, 341 IPC and Section 4/25 Arms Act. The accused denied the charges and claimed for trial.;