MOHAMMAD RAFIQ,J. - (1.) This criminal appeal under section 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C') has been filed by five accused-appellants, namely, Chhuttan alias Chhutya, Pappu, Hari Ram alias Hariya, Dhanna and Smt. Rani, assailing judgment and order dated 22.03.2010 passed by learned Additional Sessions Judge, Bandikui, District Dausa, in Sessions Case No. 12/2006, whereby learned trial court convicted accused-appellant Chhuttan @ Chhutya for offence under Sections 147, 148, 323/149, 324/149, 325/149, 326/149, 307/149 and 302 of the Indian Penal Code (for short, 'the IPC') and remaining accused-appellants, namely, Pappu, Hari Ram @ Harya, Dhanna and Rani for offence under Sections 147, 148, 323/149, 324/149, 325/149, 326/149, 307/149 and 302/149 of the IPC and sentenced them with rigorous imprisonment (for short, 'RI') as follows:- JUDGEMENT_94_LAWS(RAJ)7_2017_1.html
(2.) Briefly stated the facts of the case are that one Buddharam s/o Mr. Kajod Mal, by caste Jogi, r/o Hingota, Police Station Bandikui, District Dausa, submitted a written report (Exhibit P-4) to the Station House Officer, Bandikui (Dausa) on 17.03.2006 at 9:30 AM stating therein that in the evening of 16.03.2006 at about 5:00 PM, he was at home with other members of the family. At that time, her aunt ('mausi' i.e. mother's sister) Bhagwati Devi w/o Mr. Rameshwar was returning back from the forest with the she-goats after feeding them. Suddenly, the she goats reached at the platform ('chabutra') of Ghudyanath. Annoyed with that, Smt. Gulab Devi w/o Ghudyanath started abusing her. At that time, complainant's uncle ('tauji') Ghudyanath and his four sons, namely, Dhannaram, Hariya, Pappu and Chhutya came there armed with weapons. Chhutya was armed with 'ballam', Dhanna was armed with 'dhariya', Pappu was armed with 'barchhi', Gorya was armed with 'lathi' and Smt. Rani was armed with 'gandasa'. All these persons attacked them, as a result of which Banwari, Pooran, Hajari, Kamli, Bhagwati, Bavlya and Bhola received injuries. Women of accused-party were also throwing stones. The injured were taken to S.M.S. Hospital, Jaipur, where Banwari succumbed to the injuries.
(3.) Upon receipt of the report, the police registered regular F.I.R. No. 188/2006 for offence under Sections 147, 331, 336, 323, 324, 149 and 302 IPC and commenced investigation. From the side of the accused, Hari Ram also filed a complaint in the court about the same incident, which was forwarded under section 156(3) of the Cr.P.C., 1973 at the Police Station Bandikui. The police registered cross F.I.R. No. 224/2006 for offence under Sections 143, 341 and 323 IPC and commenced investigation. In the incident, Hari Ram received as many as four injuries and on X-ray, fracture of 1st metacarpal bone was seen.;