Mohammad Rafiq, J. - (1.) Aforesaid appeal and revision petition both have been directed against common judgment dated 24.01.2009 passed by the Court of Additional Sessions Judge(Fast Track) No. 1, Ajmer (for short 'the trial court'). Revision petition has been filed by complainant-petitioner Kishan Rawat challenging acquittal of three accused; namely Smt. Janta; Smt. Chena and Smt. Shanti, who have been arrayed as Respondent No. 2 to 4 therein. Appeal has been filed accused-appellants Nahar Singh @ Nahra @ Nara and Uda Singh @ Uda challenging the aforesaid judgment passed by the trial court whereby each of them has been convicted and sentenced as under: Section 302/34 IPC: Imprisonment for life with fine of Rs. 2,000/-, in default whereof to further undergo three month's simple imprisonment. Section 307/34 IPC: Seven years rigorous imprisonment with fine of Rs. 1,000/-, in default whereof to further undergo one month's simple imprisonment. Section 341 IPC: One month's simple imprisonment. However, accused-appellant Nahar Singh @ Nahra @ Nara has further been sentenced for offence under Section 4/25 Arms Act to one year's rigorous imprisonment with fine of Rs. 1,000/-, in default whereof to further undergo one month's simple imprisonment. All the sentences were ordered to run concurrently.
(2.) Facts of the case are that an F.I.R. No. 193/2007(Exhibit P-24) for offences under Sections 302, 323, 34 IPC was registered on the basis of Parcha Bayan (Exhibit P- 3) of Smt. Sohani (P.W.2), injured, wife of Kishan Rawat. Parcha Bayan (Exhibit P-3) was recorded at Jawahar Lal Nehru Hospital, Ajmer on 20.06.2007 at 9.30 P.M. wherein it was stated by Smt. Sohani that she was residing with her husband and children in Gram Lohagal. Her father-in-law, Ghasi contracted two marriages. Her husband Kishan and Meera were born from his first wife Ratni and three sons namely Shankar Singh, Uda Singh and Nahar Singh and three daughters were born from his second wife Shanti. Being born from first wife, Smt. Shanti separated her husband from her and she did not want to give any share in the ancestral land to them. They were earning their livelihood by the work of gota machine. It was further alleged that a day before the incident, when they demanded their share in the ancestral land, Shanti, step mother-in-law and her sons started abusing them. It was further alleged that on the day of incident at 7.00 P.M. when her husband, Kishan (P.W.1) went out of the house, Uda Singh @ Uda and Nahar Singh @ Nahar started beating him and thereafter these persons dragged him to courtyard ('bada') where Smt. Janta and Smt. Chena also came. Nahar Singh @ Nahra was armed with sword and Uda Singh @ Uda was having axe (kulhadi). It was further stated that when she and her son Kalu went to intervene, these persons also attacked Kishan (P.W.1) and Kalu, as a result of which they fell down on the earth. Smt. Janta and Smt. Chena subjected her to beatings. Thereafter, Uda Singh @ Uda and Nahar Singh @ Nahra ran away. Her husband Kishan and son Kalu, who were unconscious, were brought to hospital by the neighbours, where Kalu died.
(3.) The Police after completion of investigation filed challan against the accused for various offences and kept investigation pending against Smt. Shanti. Subsequently, challan was filed against her also. Charges were framed for various offences against the accused, which they denied and claimed trial. The prosecution produced 24 witnesses and exhibited 38 documents. Thereafter, the accused were examined under Section 313 Cr.P.C. wherein they pleaded innocence. Defence produced only two witnesses and exhibited four documents. The trial court, on conclusion of trial, vide impugned judgment and order dated 24.01.2009 acquitted three female accused-Respondent No. 2 to 4 (in Revision Petition No. 475/2009), but convicted and sentenced the accused-appellants in the manner as indicated herein above.;