- (1.) THE present appeal has been instituted by two brothers, namely Monu and Vishal. They along with their father, Bihari Lal s/o Kanhaiya Lal, Kundan s/o Hari Ram, Shanti Lal s/o Kanhaiya Lal and Pawan Kumar s/o Jai Singh, were tried for causing murder of one Chintu. It is to be noted that Bihari Lal is father of the appellants. Kundan and Shanti Lal are also closely related to the accused.
(2.) THE court of Additional Sessions Judge (Fast Track) No.1, Ajmer, acquitted Shanti Lal, Bihari Lal, Kundan and Pawan Kumar. However, the trial court came to the conclusion that the appellant, Monu is liable to be substantively convicted for the offence under Section 302 IPC and his brother, Vishal with the aid of Section 34 IPC. The trial court, however, convicted Bihari Lal, Shanti Lal, Kundan and Pawan Kumar for the offence under Section 323 IPC and released them on probation. The trial court vide a separate order of even date, sentenced the appellants Monu and Vishal to undergo life imprisonment and to pay a fine of Rs. 1,000/ -, in default of payment of fine to further undergo three months S.I.
(3.) HENCE , the present appeal has been filed to assail conviction and sentence awarded upon the appellant. The criminal proceedings were set into motion on the basis of written report (Exhibit -P/12) submitted by Manoj @ Manna (P.W.13) before Babu Lal (P.W.16). The said written report when translated into English, reads as under: - "To SHO, Police Station Ganj, Ajmer. Subject: Lodging of the report. Sir, It is submitted that on 15.1.2006, at about 8:00 PM, I, Foren and Chintu while sitting in our auto were going towards the house. We stopped the auto near Fawara Chauraha. Monu was present there under the influence of liquor. He slapped Chintu. For this reason, at about 9:45 PM, I, Foren and Chintu along with Santosh, sister of Foren, went to the house of Monu at Kabutar Khana Gali, to ask as to why he had given beating to Chintu. At that time, Monu was armed with sword, his brother Vishal, his father, two brothers -in -laws, namely Kundan and Shanti Lal were also present. They were armed with Sword, hockey and sticks. They attacked us with an intention to murder us. I and my brother suffered injuries in foot, chest and hands. Police arrived at the spot. I, Foren, Kala and Pappu brought Chintu to the hospital, where he was declared dead. We are having old grudge with Monu due to which Monu had given an injury with Sword to Chintu, due to which he had died. I am presenting the report. Action be taken. Sd/ - Manoj Manoj @ Manna s/o Madan Lal b/c Khateek, r/o Kotara, Ajmer. 15.01.06.";