- (1.) A short question that arises for our consideration in the instant appeal is-Whether the trial court was justified in concluding that the convicted appellants before it were guilty of an offence punishable under section 302 IPC.
(2.) Laxman Singh and Nand Singh, appellants herein, were put to trial before the learned Special Judge, SC/ST (Prevention of Atrocities) Cases Tonk, who vide judgment dated July 23, 2004 convicted and sentenced them as under:Nand Singh U/s. 302 IPC To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for one monthLaxman Singh: U/s. 302 IPCTo suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for one month U/s. 323 IPC Imposed a fine of Rs. 100/- in default to suffer rigorous imprisonment for seven days.U/s. 325 IPC:To suffer rigorous imprisonment for one year and fine of Rs. 250/-, in default to further suffer rigorous imprisonment for fifteen days The substantive sentences were ordered to run concurrently.
(3.) In the intervening night of August 9 and 10, 2002 around 1 AM Kishan (since deceased) gave fifty rupee note to shopkeeper Laxman and purchased a 'Bidi-Bundle'. When remaining amount, after deducting the price of Bidi, was demanded by Kishan, Laxman became furious and refused to return the amount. Altercations between Laxman and Kishan ensued. When Prakash intervened and favoured Kishan, Laxman gave a lathi blow on the right foot of Prakash. Nand Singh and other, who were consuming liquor inside the shop, came out and started beating Kishan with lathis. Kishan and Prakash became unconscious. They were removed to hospital where Kishan died. Parcha Bayan (Ex.P-1) of Prakash was recorded on August 10, 2002 at 10.30 AM by SHO Police Station Tonk. On that Parcha Bayan under sections 147, 148, 149, 302, 341 and 323 IPC and 3(1)(10) SC/ST (PA) Act was registered and investigation commenced. Necessary memos were drawn and statements of witnesses were recorded. The appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge, SC/ST (Prevention of Atrocities) Cases Tonk. Charges under sections 302, 323, 325, 325/34 IPC and 3(1)(x) and 3(2)(v) SC/ST (PA) Act were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 21 witnesses. In the explanation under Sec. 313 Cr.PC, the appellants claimed innocence. Four witnesses were examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.;