- (1.) The instant cr. appeal has been filed by the accused appellants under Section 374(2) Cr.P.C. against the judgment dated 10.10.2011 passed by learned Addl. Sessions Judge, Raisinghnagar, District Sri Ganganagar in Sessions Case No.13/2009 by which the appellants were acquitted from the offence under Section 307/34, 323/34 and 341 of the IPC but convicted the accused appellant Mohan Lal for the offence under Sections 302 and accused appellants Mangi Lal and Rajendra for (2 of 12) [CRLA-949/2011] the offence 302/34 IPC and following sentence was passed against them: Accused appellant Mohan Lal : Under Section 302 IPC Life imprisonment with fine of Rs.1,000/- and in default of payment of fine to further undergo one month RI. Accused appellants Mangi Lal and Rajendra: Under Section 302/34 IPC Life imprisonment with fine of Rs.1,000/- and in default of payment of fine to further undergo one months RI.
(2.) As per brief facts of the case FIR no.77/2009 (Ex.P/29) was registered at Police Station Vijaynagar, District Sri Ganganagar upon complaint (Ex.P/28) filed by Richpal. Before filing the above complaint (Ex.P/28), an information was received from Government Hospital at about 1.30 am on 20.3.2009 which is in between the night of 19.3.2009 to 20.3.2009 by the SHO, Police Station Vijaynagar. Upon said information, the SHO went to the hospital, where the complaint (Ex.P/28) was given by the injured eye witness Richpal. In the complaint, following allegations were levelled by the complainant against the accused appellants, which reads as under: JUDGEMENT_22_LAWS(RAJ)1_2017.jpg
(3.) After registration of the FIR, investigation was conducted and after conclusion of investigation charge-sheet was filed against the accused appellants in the court of Judl. Magistrate, Vijaynagar under Section 302, 307, 323, 341 and 34 IPC. The learned Magistrate committed the case for trial to the court of Addl. Sessions Judge, Raisinghnagar, District Sri Ganganagar. The learned trial court after providing an opportunity of hearing framed charge against the accused appellant Mohan Lal under Section 302, 307/34, 323/34 and against accused appellant Mangi Lal under Section 302/34, 307, 323/34 and 341 IPC so also, against accused appellant Rajendra for the offenced under Section 302/34, 307/34, 323/34 and 341 IPC. All the accused appellants denied the charges and prayed for trial. During trial, statements of 12 prosecution witnesses were recorded and after recording evidence of prosecution, statements of the accused appellants were recorded under Section 313 Cr.P.C. All the three accused appellants denied the allegations levelled by the prosecution witnesses, but no evidence was produced by them in defence.;