- (1.) THIS appeal has been filed against the judgment dated 30.8.2008 passed by Additional Sessions Judge (Fast Track) Sikar in Sessions Case No. 89/2005 whereby the accused appellants have been convicted and sentenced as under: Mahaveer Singh Section 302/34 IPC: Life imprisonment and fine of Rs. 5,000/ - in default of payment of fine to undergo six months imprisonment. Section 341 IPC: One month imprisonment. Smt. Chanda Kanwar @ Chandkanwar Section 302/34 IPC: Life imprisonment and fine of Rs. 5,000/ - in default of payment of fine to undergo six months imprisonment. Section 341 IPC: One month imprisonment. All the sentences were ordered to run concurrently.
(2.) THE brief facts of the case are that PW/1 Manglaram lodged a written report Ex.P/1 with the contention that on 13.8.2005 at about 10.00 A.M., his elder brother Kaluram was coming from his agricultural field. When he reached near the field of Mahaveer, Mahaveer and his wife Chanda Kanwar both attacked him. They inflicted injuries on his head and temporal region. Kaluram fell unconscious and on hearing cries, Hanuman Singh, Surjaram, Raghunath and Arjun Lal came and he also went running and found Kaluram unconscious. Kaluram was shifted to Palasan hospital thereafter to Sikar from where he was referred to S.M.S Hospital, Jaipur. On this written report, FIR No. 84/2005 was registered. During investigation, Kaluram died on 14.8.2005 at 7.10 A.M. After usual investigation charge -sheet was filed against the appellants. The case was committed and tried by Additional Sessions Judge (Fast Track) Sikar.
(3.) THE charges were framed against the appellants for the offences under Sections 302 in alternate for the offence under 302/34 and 341 IPC. The said charges were denied by the accused and they claimed to be tried. The prosecution examined PW/1 Manglaram, PW/2 Sukhdevaram, PW/3 Jagdish, PW/4 Hanuman, PW/5 Satyapal, PW/6 Rajendra, PW/7 Arjun, PW/8 Bhaguram, PW/9 Birbalram, PW/10 Raghunath, PW/11 Dr. Kamla Choudhary, PW/12 Rampal, PW/13 Kailashchand, PW/14 Maliram and PW/15 Dr. Vinay Kumar Atrey to support its case. Prosecution has also relied upon documents Ex.P/1 to P/20. Statements of accused were recorded under Section 313 Cr.P.C. No defence witness was produced but documents Ex.D/1 to D/11 were produced.;