ABHAY CHATURVEDI,J. - (1.) The appellant herein stands convicted and sentenced as below vide the judgment dated 08.07.2016 passed by the learned Additional Sessions Judge, Rajsamand in Sessions Case No.36/2014 (F.I.R. No.344/2013, Police Station Bheem) : Offence for which convicted Sentence awarded Section 341 IPC Three months' simple imprisonment alongwith a fine of Rs.500/- and in default of payment of fine, further to undergo 5 days' additional simple imprisonment Section 323 IPC Six months' simple imprisonment alongwith a fine of Rs.1000/- and in default of payment of fine, further to undergo ten days' additional simple imprisonment Section 302 IPC Life term imprisonment alongwith a fine of Rs.10,00/- and in default of payment of fine, further to undergo six months' additional rigorous imprisonment All the sentences were ordered to run concurrently. Being aggrieved of his conviction and sentence, the appellant has preferred the instant appeal under Section 374 (2) CrPC.
(2.) The brief facts relevant and essential for disposal of the appeal are noted hereinbelow. Sohan Singh S/o Kishan Singh lodged a written report (Ex.P/1) at the Police Station Bheem, District Rajsamand on 15.11.2013 at 12.15 p.m. alleging inter alia that on 13.11.2013 in the night at about 10.00 to 10.30 p.m., his father Kishan Singh, aged 68 years, was returning to their village Biliyawas from Kotada, where he had gone to attend a marriage with his grandson Govind Singh. Prior to his father's return to the village, a quarrel had taken place between Bhanwar Singh S/o Heera Singh and the two brothers of the informant, i.e. Madan Singh and Jitendra Singh. Kishan Singh reached in front of the house of Bhanwar Singh, who was hurling abuses towards Sohan Singh and his brothers Madan Singh and Jitendra Singh. His father asked Bhanwar Singh as to why he was hurling abuses, on which, Bhanwar Singh exhorted that he had already beaten two and that he also would meet the same fate. Saying so, Bhanwar Singh brought a Kassi (Kudali) and started assaulting Kishan Singh. He inflicted blows of Kassi on the back and head of Kishan Singh. The first informant, his brothers Madan Singh and Jitendra Singh, mother Laxmi and his son Govind Singh intervened and tried to save Kishan Singh, who received grievous injuries on the head. He was taken to Beawar Hospital in the morning of 14.11.2013, from where, looking at his serious condition, he was referred to Ajmer and Jaipur. Kishan Singh was under treatment at the SMS, Hospital, Jaipur, where he expired in the night time. On the basis of this report, an FIR No.344/2013 was registered at the Police Station Bheem for the offences under Section 341, 323 and 302 IPC and investigation was commenced. The Investigating Officer, carried out the routine investigation involving preparation of site inspection plan, Panchnama of the dead body, seizure of blood stained soil etc. The dead body of Kishan Singh was got subjected to postmortem through a medical board constituted at the SMS Hospital, Jaipur. The board issued its report (Ex.P/21) opining that the cause of death of Kishan Singh was coma induced by the antemortem head injury, which was sufficient in the ordinary course of nature to cause death. The two injured Jitendra Singh and Madan Singh were also got medically examined. At this point, it would be relevant to note that the accused Bhanwar Singh and his wife Sarita also received injuries during the incident and an FIR No.343/2013 (Ex.D/2) was registered against the complainant party at the instance of the accused at the Police Station Bheem for the offences under Sections 143, 452 and 323 IPC. During the course of investigation of the said FIR, the accused Bhanwar Singh and his wife Smt. Sarita were medically examined.
(3.) The Investigating Officer arrested the accused Bhanwar Singh and claims to have effected recovery of iron Kassi at his instance after recording his information under Section 27 of the Evidence Act. After concluding the investigation, a charge-sheet came to be filed against the accused appellant Bhanwar Singh for the offences under Sections 341, 323 and 302 IPC. Since the offence under Section 302 was Sessions triable, the case was committed to the Court of Sessions Judge, Rajsamand, who framed charges against the accused for the above offences. The accused pleaded not guilty and claimed trial. While the trial was underway, the case was transferred to the Court of Additional Sessions Judge, Rajsamand. As many as 18 witnesses were examined and 34 documents were exhibited by the prosecution to prove its case. The accused was questioned under Section 313 CrPC and upon being confronted with the circumstances appearing in the prosecution evidence, he claimed to have been falsely implicated and took a pertinent plea that he was beaten by the members of the complainant party. Three witnesses including the accused himself were examined in defence. After hearing the arguments advanced by the prosecution and the defence and appreciating the evidence available on record, learned trial court proceeded to convict and sentence the appellant as above by the impugned judgment dated 08.07.2016. Hence, this appeal.;