- (1.) The instant criminal appeal has been filed by three appellants, namely, Maltaram, Ranjeet @ Jeete and Pyara Singh, against the judgment dated 31st July, 2006, passed by Additional Sessions Judge No.1, Sri Ganganagar, in Session Case No.8/2005, by which the learned trial court convicted all the accused appellants for committing offence under Section 302, 302/149, 148, 323/149 and 327 of IPC and Section 4/25 (1) (B) (6) of the Indian Arms Act, and sentenced them as infra: - JUDGEMENT_127_LAWS(RAJ)9_2016.html
(2.) This criminal appeal was filed against the judgment dated 31.07.2006 by three appellants, Maltaram, Ranjeet @ Jeete and Pyara Singh, but during pendency of this appeal, appellant No.3, Pyara Singh S/o Jogendra Ram, expired, therefore, vide order dated 07.09.2016, the present appeal qua appellant No.3, Pyara Singh, was dismissed as abated, and final arguments for other two accused appellants, Maltaram and Ranjeet @ Jeete, were heard.
(3.) It emerges from the facts of the case that statements (Exhibit-P/5) of injured complainant, Subhash Khichi (PW.4) were recorded at Orthopedics Ward of Govt. Hospital, Sri Ganganagar at 09.15 PM on 08.01.2005 by the S.H.O., Police Station- Jawahar Nagar, Sri Ganganagar, he was under treatment, in which it was alleged by him that today in the evening at 5'O clock, I was sitting at the shop of Ramlal, owner of M/s Fauji Hair Dresser, situated at SSD Road, the accused, Ranjeet @ Jeete and Radheyshyam @ Kaliya came there and made demand of money from Ramlal, which he (Ramlal) refused. Upon refusal, both the persons went back while giving threat that wait we are coming back. After some time, Ranjeet @ Jeete, Radheyshyam @ Kaliya, Maltaram, Pyara Singh, Sikandar, Sunny and some 2-3 other persons, belonging to "Chhajgariya" community, having sword and Lathi(s) in their hands came there and they caught hold of Ramlal and while causing injury, tried to lift him, at that time, complainant, Subhash Khichi and his brother, Naresh, came there and made efforts to save him. As per allegation, the accused Pyara Singh inflicted injury by "Lathi" upon the hand of complainant and accused Maltaram, gave a Lathi blow upon the leg of his brother, Naresh, so also, accused Ranjeet @ Jeete having sword in his hand, inflicted injury upon the chest of deceased, Ramlal. Other persons also assaulted them on the spot. On hearing the hue and cry, witnesses, Bansilal and Sohanlal, came there and intervened, thereafter all the accused persons ran away from the place of occurrence.;