SHARMA, J. - (1.) RAJENDRA and Devicharan, the appellants herein, along with Smt. Meena and Chitranjan @ Sonu, were put to trial before learned Additional Sessions Judge (Fast Track) No. 1, Kota, who vide judgment dated May 3, 2003 convicted and sentenced the appellants as under:- RAJENDRA: u/s. 307 IPC: To undergo rigorous imprisonment for ten years and fine of Rs. 5,000/- in default to further suffer one year simple imprisonment. Devicharan: u/s. 307/34 IPC: To undergo five years rigorous imprisonment and fine of Rs. 2000/- in default to further suffer six months imprisonment. u/s. 326 IPC: To undergo five years rigorous imprisonment and fine of Rs. 2,000/- in default to further suffer six months imprisonment. The substantive sentences were ordered to run concurrently. Co- accused Smt. Meena and Chitranjan @ Sonu however stood acquitted of the charges.
(2.) ON October 16, 2002 Ghasi Lal ASI Police Station Nayapura Kota recorded parcha bayan (Ex. P. 1) of injured Smt. Chhaya (PW.) wherein she stated that on the said day around 12 O' clock her Jeth (elder brother in law) Rajendra Singor, Devi Charan, Sonu and Meena Bai came to her Chabutra and started slashing pig. When her husband Bharat Singor raised objection Rajendra Singor inflicted knife blow on the abdomen of her husband. Devi Charan, Sonu and Meena also inflicted blows on the person of Bharat Singor. ON that parcha bayan case was registered against appellants and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 1 Kota. Charges under Sections 307, 307/34, 326 and 323 IPC were framed. The appellants denied the charges and claimed trial. The prosecution in support of its case examined as many as 18 witnesses. In the explanation under Sec. 313 Crpc, the appellants claimed innocence. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above. I have heard rival submissions and weighed the material on record. Bharat (PW. 1) vide injury report (Ex. P/20) received following injuries:- 1. Contusion 6 x 5 cm Lt. thigh L1/3 Latly 2. Abrasion 1 x 1cm Lt. forearm M1/3 Postly 3. Incised wound 6 x 1cm x bone deep Rt. Parietal scalp. 4. Stab incised wound 4 x 1cm x through abdominal cavity with entry wound on Rt. side of Abdominal wall & Exit wound on ant. abdominal wall loops of intestine coming out. Injured Bharat Singor (PW. 1) in his deposition stated thus:- ...[VERNACULAR TEXT OMITTED]... Chhaya (PW. 2) also deposed thus:-
(3.) ...[VERNACULAR TEXT OMITTED]... Ghasi Lal IO (PW. 8) in his cross examination stated as under:- ...[VERNACULAR TEXT OMITTED]... Conjoint reading of evidence of Bharat Singor (PW. 1), Chhaya (PW. 2) and Ghasi Lal IO (PW. 8) demonstrates that it was injured Bharat Singor provoked the appellant Rajendra by making interference in his act of slashing pig. It also appears that appellant Devi Charan sustained injury on fingers of his right hand while he made intervention in the scuffle of appellant and injured Bharat. Thus possibility of over implication of appellant Devicharan in the facts and circumstances of the case cannot be ruled out. ;