G.K.VYAS, J. - (1.) The instant cr. appeal has been filed by the accused appellant Nahar Singh under Section 374(2) Cr.P.C. against the judgment dated 17.4.2013 passed by the learned Addl. Sessions Judge, Dungarpur in Sessions Case No. 36/2010 whereby the learned trial court while acquitting the accused Vikram Singh, Smt. Meena Kuwar, Smt. Andar Kuwar, Smt. Devu Kuwar and Shambhoo Singh for the offences under Sections 148, 452, 323, 324/149, 302, 302/149 and 307 IPC and acquitting the accused appellant Nahar Singh from the offences under Sections 148, 323, 324/149, 302/149 and 307 IPC, convicted the accused appellant Nahar Singh for offence under Section 302, 452, 324 and 323/34 IPC and passed the following sentences: Under Section 302 I.P.C. Life Imprisonment and a fine of Rs.10,000/- in default of payment of fine to further undergo two years additional RI. Under Section 452 I.P.C. Three years RI and a fine of Rs.1,000/- and in default of payment of fine to further undergo two months additional RI. Under Section 324 I.P.C. One year RI and a fine of Rs.500/-and in default of payment of fine to further undergo one month additional SI. Under Section 323/34 IPC Two months SI and a fine of Rs.100/- and in default of payment of fine to further undergo one month SI All the sentences were ordered to run concurrently.
(2.) On 11.5.2010 at about 10.00 pm the complainant Arjun Singh admitted in the surgical ward of General Hospital, Sagwara at Bed No. 7 gave oral information to the ASI Lal Singh of Police Station Aaspur, wherein following allegations were made by him, which reads as under: ...[VERNACULAR TEXT OMITTED]... Upon aforesaid statement, on 11.5.2010 FIR No. 80/2010 was registered at Police Station Ashpur, District Dungarpur. After registration of FIR, the investigation was commenced. The dead body of deceased Bhawani Singh was taken to the hospital, where post mortem was conducted by the medical jurist on 12.5.2010 (Ex.P/15) in which two injuries were found upon the body of the deceased Bhawani Singh. The investigating officer arrested Nahar Singh (present appellant), Vikram Singh, Smt. Meena Kuwar, Smt. Andar Kuwar, Smt. Devu Kuwar and Shambhu Singh and upon information given by them weapons were recovered and after completion of investigation, filed charge-sheet against seven persons in the court of Judicial Magistrate, Ashpur under Sections 147, 148, 447, 323, 324, 307 and 302/149 IPC from where the case was committed to the Sessions Court, Dungarpur for trial. The learned Sessions Judge transferred the case for trial in the court of Addl. District and Sessions Judge, Dungarpur.
(3.) In the trial court before commencement of trial, an application was filed on behalf of accused Kishore Singh that he was less than 18 years of age on the date of incident, therefore, his pending case may be transferred to the Juvenile Justice Board. After inquiry, the learned Addl. Sessions Judge, Dungarpur transferred the case of accused Kishore Singh to the Juvenile Justice Board, Dungarpur and framed charge against remaining six accused under Sections 148, 452, 323, 324, 324/149, 302, 302/149 and 307 IPC after providing an opportunity of hearing them, but all the accused denied the charges and prayed for trial.;