- (1.) This appeal has been preferred by four accused-appellants against judgment and order dated 26.07.2004 of learned Additional Sessions Judge (Fast Track), Bandikui, District Dausa, in Sessions Case No.12/2004 (01/2004), whereby they have been convicted and sentenced in the following manner:- JUDGEMENT_80_LAWS(RAJ)11_2015_1.html
(2.) Brief facts giving rise to this appeal are that complainant Kesar Singh (PW-1) lodged a written report (Exhibit P-1) at Police Station Mandawar on 30.06.2003, wherein it was alleged that on that day at about 3.30 PM he and his two sons, namely, Ram Singh and Pintu Mahuwa, were coming on his 'Kisan Bugga'. 2-3 persons of the village told that Amar Singh, Jagdish, Sher Singh, Vijay, Raju, Samay Singh, Anatram, Gopal, Smt. Shanti Devi, Gulab, Sheela, Bhuri and Babli Devi, all by caste Chovdar (Balai), and Sriram, Ghisa and Sua Devi, by caste Prajapat, R/o Pakhar Chodaki, were taking 'dhankre' (dry wood) from the land of their old well. On this information, when they reached in front of the house of 'Kumhars', they were encircled by them, who gave beating to all three of them, with lathi, farsi and dhariya, as a result of which complainant, Ram Singh and Pintu received various injuries on their body. Pintu went to Mandawar hospital. He and Ram Singh were taken by the police to Mahuwa Hospital, where Ram Singh succumbed to his injuries during treatment. It was alleged that at the time of incident, Dhan Singh Kaka, Daya Gurjar, Samay Gurjar, Chhotelal Saini and other persons of the village were present and Uggenath intervened. On receipt of the report F.I.R. No.100/2003 was registered for offence under Sections 147, 148, 149, 323, 302 and 341 IPC, against 16 persons and investigation commenced.
(3.) During the course of investigation, the accused-appellants were arrested. The police filed challan for offence under Sections 147, 148, 149, 341, 379, 323, 324, 307 and 302 IPC against 12 persons. Charges were framed for offence under Sections 148, 341, 379 and 302 or 302/149, 324 or 324/149, 323 and 323/149 IPC. The accused abjured the charges and claimed to be tried. The prosecution produced as many as 16 witnesses and produced Exhibit P-1 to Exhibit P-49. The accused were examined under Section 313 of the Code of Criminal Procedure and they also again called Dr. Kamlesh Chholak (PW-3) for reexamination and exhibited documents from Exhibit D-1 to Exhibit D-5. Learned trial court, on conclusion of trial, convicted and sentenced the accused-appellant in the manner indicated above.;