- (1.) The instant criminal appeal has been filed by the appellant under Section 374 (2) of Cr.P.C. against the judgment dated 04 th January, 2006, passed by Additional Sessions Judge (Fast Track), Anoopgarh, District: Sri Ganganagar (for brevity, hereinafter referred to as 'trial court') in Session Case No.19/2005 whereby the accused appellant was convicted for the offences under Sections 302, 449, 324 & 323 of IPC and the following sentence was passed against the appellant: - JUDGEMENT_68_LAWS(RAJ)9_2016.html
(2.) According to the prosecution case, a written complaint (Exhibit-P/19) was submitted by Darbara Singh (PW.9) before the Station House Officer, Police Station- Gharsana, District: Sri Ganganagar, on 05th of March, 2005, at 02.00 AM. In the written complaint, it was stated that I am resident of 7 GD and Devilal S/o Bheraram (deceased) was living with his family as son since last fifteen years. Deceased, Devilal was running a DSP private school in part of his home and in the night he used to give tuition to the students. It was further stated by the complainant that yesterday night, Devilal was recumbent on the bed and students were standing in front of him. His son, namely, Kuldeep Singh was also sitting outside with two children. He and his wife were sleeping in the 'Aangan'. At about 10.00 PM, Gursevak Singh (accused appellant) having a sword in his hand, entered into the house and on seeing the accused, then his son made hue and cry.
(3.) The complainant immediately come towards the room and saw that due to old enmity, accused appellant, with an intention to kill Devilal, inflicted a sword blow which passed throughout his chest and Devilal fell down on the bed. His son caught hold of Gursevak Singh, and at that time, he inflicted 2-3 blows on Devilal. According to complainant, Darbara Singh, he and his son caught hold hold Gursevak Singh and locked him in the room. On hearing the hue and cry, neighbourers, Jagtar Singh and Dilawar Singh came on the spot and brought Devilal in a Jeep at Government Hospital, but Devilal died in the way due to the injuries caused by Gursevak Singh by sword.;