- (1.) THIS appeal has been filed against the judgment dated 26.10.2005 passed by Special Judge, SC/ST (Prevention of Attrocities Cases), Kota in Sessions Case No. 17/2004 whereby the accused appellants have been convicted and sentenced as under: Radheshyam Section 302/34 IPC: Life imprisonment and fine of Rs. 5,000/ - in default of payment of fine to undergo two months S.I. Section 307/34 IPC: Five years rigorous imprisonment and fine of Rs. 5,000/ - in default of payment of fine to further undergo 2 months simple imprisonment. Section 323 IPC: One month S.I. Latoor Section 302 IPC: Life imprisonment and fine of Rs. 5,000/ - in default of payment of fine to undergo two months S.I. Section 307 IPC: Seven years rigorous imprisonment and fine of Rs. 5,000/ - in default of payment of fine to further undergo 2 months simple imprisonment. Section 323 IPC: One month S.I. All the sentences were ordered to run concurrently.
(2.) THE brief facts of the case as per the prosecution are that PW/6 Prahlad lodged an oral report which was reduced in writing as (Ex.P/10) and it was stated by PW/6 Prahlad that today at 5.00 PM he went to his tube well, there Radheshyam, Latoor and Chotulal were giving beating to his nephew Ramdayal and Hansraj with stick and he tried to save them then Latoorlal has inflicted lathi blow on his head. Hansraj and Ramdayal have been given severe beating. They have suffered injuries on head and all over the body. Both fell unconscious. Ramratan and Kajod have tried to save them on which all the three ran away. Due to old enmity beating has been given to them. On this information, FIR No. 110/2003 was registered at Police Station Budhadeet, District Kota and after usual investigation charge -sheet has been filed against the appellants. The case was committed and tried by Special Judge, SC/ST (Prevention of Attrocities Cases), Kota.
(3.) THE charges have been framed against the appellants for the offences under Sections 302, 302/34, 307, 307/34, 325, 325/34, 323, 323/34 IPC and Section 3(2)(5) of S.C./S.T. (Prevention of Atrocities Act) which were denied by the accused persons and they claimed to be tried. The prosecution has examined PW/1 Ramratan, PW/2 Ramnivas, PW/3 Rameshwar, PW/4 Dr. Alok Sharma, PW/5 Baney Singh, PW/6 Prahlad, PW/7 Shambudayal, PW/8 Kajodilal, PW/9 Krishna Murari, PW/10 Moolchand, PW/11 Bherulal, PW/12 Ramdayal, PW/13 Shambhoodayal, PW/14 Badrilal, PW/15 Nitish Arya, PW/16 Laxmanram, PW/17 Ramprasad, PW/18 Dr. P.K. Tiwari, PW/19 Prithvisingh and PW/20 Vijyendra Singh to support its case. Prosecution has also relied upon documents Ex.P/1 to P/28. Statements of accused persons have been recorded under Section 313 Cr.P.C. No defence witness was produced.;