- (1.) SURAJ Bhan, Mahendra Singh, Heera Lal all three brothers and their father Ram Singh, and Smt. Raj Bala wife of Suraj Bhan, have instituted the present appeal to challenge the impugned judgment dated 1.4.2009, rendered by the court of Additional Sessions Judge (Fast Track), Kishangarh Bas, District Alwar. The said court had substantively convicted the appellant, Suraj Bhan for the offence under Section 302 and 324 IPC, and the appellant, Mahendra Singh for the offence under Section 324 only, and the appellants, Raj Bala, Heera Lal and Ram Singh for the offence under Section 323 IPC only.
(2.) HAVING convicted the appellants for the aforesaid offences, the trial court vide a separate order of even date sentenced the appellants as under: - Appellant Suraj Bhan: U/s 302 IPC - to undergo life imprisonment and to pay a fine of Rs. 10,000/ -, in default of payment of fine, to further undergo one year additional imprisonment. U/s 324 IPC - to undergo three years S.I. Appellant Mahendra Singh: U/s 324 IPC - to pay a fine of Rs. 5,000/ -, in default of payment of fine, to undergo one year S.I. Appellant Raj Bala, Heera Lal and Ram Singh: U/s 323 IPC - to pay a fine of Rs. 1,000/ -, in default of payment of fine, to undergo one month S.I.
(3.) SUBE Singh (P.W.2) presented a written report (Exhibit -P/2) before Gopal Singh Dhaka (P.W.17), who was then posted as SHO, Police Station Kherthal. The written report (Exhibit -P/2) when translated into English, reads as under: - "To SHO Police Station Kherthal Subject: Lodging of the report. Sir, It is submitted that today on 27.10.2006, at about 9:00 AM, my father had gone to the field to look after crop of onion. At about 3:00 PM, Suraj Bhan son of Ram Singh, who is having adjoining field started uprooting the stones which were kept for demarcation of the boundary. My father objected then Suraj Bhan gave abuses and by pelting stones caused injury on the hand of my father. Thereafter, my father returned to our house and told the entire incident. Thereafter, my uncle Roop Chand was going towards the field and on the way near Kudi Dharamshala, Suraj Bhan, Ram Singh, Mahendra Singh, Heera Lal, Raj Bala and Nirmala stopped him. Suraj Bhan gave a Farsi blow on the head of my uncle. When I and Kavita stepped forward to save him, they also gave beating to us. We brought our uncle to Kherthal hospital, where he, during the treatment died due to injuries. The occurrence was also witnessed by Ramrikh, Charan Singh, Rampal, Bane Singh, and Balwan. I am presenting the report. Legal action be taken. Applicant Sube Singh, by caste Jat, r/o Hanspur Kalan" Before we advert to the evidence of eyewitnesses, we shall take note of the medical evidence.;