- (1.) These appeals have been filed against the judgment dated 21.1.2003 passed by Additional Sessions Judge (Fast Track) No.1, Kota in Sessions Case No.89/2001 by which he convicted accused appellant-Hariya under Section 302 IPC and accused-appellant-Dhanpal under Section 302/34 IPC and sentenced each of them to undergo life imprisonment and fine of Rs.1,000/- and in default of payment of fine to undergo six months simple imprisonment and acquitted them under Section 148, 325/149, 324/149, 323 IPC and acquitted other 9 accused-persons under Section 148, 302/149, 325/149, 324/149 and 323 IPC. Both appeals arise out of same judgment hence, decided by common judgment.
(2.) Brief facts of the prosecution case are that injured Amarjeet Singh son of Gurudev Singh gave Parcha Bayan Ex.P/37 on 8.10.89 at 11.20 a.m. and alleged that at 10.30 a.m. he alongwith Amarjeet Singh and Hari Singh was coming and as they reached near the house of Roop Chand Dhakad 10 to 15 persons armed with Gandasa, sword came out from the house of Roop Chand and accused-Dhanpal, brother of Roop Chand, inflicted injury with sword (Kripan) on his head and accused-Hariya son of Prahlad Patel stabbed sword in his abdomen and one of the co-accused caused stab injury with Sariya on his right thigh and other assailants inflicted blows with lathi and sariya. He further narrated that injuries with sariya and sword were also inflicted by assailants on the body of his companion Amarjeet Singh and Hari Singh and the tyre of his motorcycle /was cut by kulhari blow and the motorcycle is lying on the spot. On hue and cry his younger brother Ranjeet Singh and servant Babulal came on the spot. Dhanpal and Hariya ran away from the spot presuming them to have died. He further narrated that he has quarrel with both accused-persons in relation to irrigation of the crop in the land.
(3.) On this parcha bayan case under Section 147,148,341,307,149 IPC was registered and during investigation injured Amarjeet Singh son of Shri Gurudev Singh died, so offence under Section 302 IPC was added and after completion of investigation challan under Section 148,302,307,326,325,324,323,427,149 IPC and Section 4/25 Arms Act was filed against the accused-appellants and other 9 accused-persons in the Court of Additional Munsiff & Judicial Magistrate No.2 (South), Kota. The case was committed to the Court of Sessions Judge, Kota which was transferred to the Court of Additional Sessions Judge No.1, Kota where charges under Section 148,302/149,325/149,324/149,323 IPC were framed against the appellants and other 9 accused persons to which they denied. During trial the case was transferred to the Court of Additional Sessions Judge No.5, Kota and from there case was transferred to the Court of Additional Sessions Judge (Fast Track) No.1, Kota. Prosecution examined 17 witnesses and after recording statements of accused-persons under Section 313 Cr.P.C. the defence examined one witness. After hearing arguments the accused-appellants were convicted and sentenced as aforesaid and other accused-persons were acquitted.;