- (1.) The appellant along with co-accused Rajesh Kumar and Jagdish Prasad, was put to trial before the learned Additional Sessions Judge Khetri. Learned Judge vide judgment dated May 28, 2005 while acquitting co-accused, convicted and sentenced the appellant as under:- U/s.302 IPC: To suffer imprisonment for life and fine of Rs.5000/-, in default to further suffer rigorous imprisonment for one year. U/s.341 IPC: To suffer simple imprisonment for one month. U/s.323 IPC: To suffer rigorous imprisonment for one year. The substantive sentences were ordered to run concurrently.
(2.) Acquittal of co-accused Rajesh Kumar and Jagdish Prasad has been called in question in revision petition No.958/2005.
(3.) The incident occurred on February 27, 2003 at 6.30 PM while Ram Kumar Swami was proceeding towards his flour-mill. Informant Satya Narayan Swami (Pw.2) in the written report (Ex.P-1) stated that on the way near the hand-pump Ram Kumar was surrounded by Rajesh, Jagdish and Leela Ram, who were armed with Axe, Jelly and Stones. They gave severe beating to Ram Kunwar. Gyarsi Lal also received injuries. After Ram Kumar was admitted to Hospital written report was handed over by the informant Satya Narayan at Police Station Singhana. On that report case under sections 341, 323, 336 and 307/34 IPC was registered and investigation commenced. Necessary memos were drawn and statements of witnesses were recorded. The accused were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Khetri. Charges under sections 341, 323, 336 and 302/34 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 8 witnesses. In the explanation under Sec.313 CrPC, the appellants claimed innocence. The appellant further stated that Ram Kumar along with his brothers Gyarsi Lal, Satya Narayan and Natthu came to their house and started pelting stones, therefore ladies of accused party pelted stones. The appellants did not use any weapon. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated above.;