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2013 Supreme(Raj) 261

RAJASTHAN HIGH COURT
Jaipur Bench
Atar Singh & Ors. Vs. State of Rajasthan (Gupta, J.)
HON'BLE MOHAMMAD RAFIQ, J.
HON'BLE NISHA GUPTA, J.
Atar Singh & Ors.
Versus
State of Rajasthan
D.B. Criminal Appeal No. 96 of 2004 AND D.B. Criminal Revision Petition No.170 of 2004, decided on 09.09.2013

Advocates Appeared
Sanjay Mehrishi with Tarun Joshi, for Accused-Appellants;
Javed Choudhary, Public Prosecutor;
Anurag Sharma, for Complainant

Headnote:Penal Code, Secs. 447, 427, 323 to 326, 307, 302, 148, 149, 147, 304 Pt. I — Intention — Sustaining conviction u/S. 302/149 in absence of intention to cause death — Complainant party was in possession of the disputed land — Accused-appellants formed unlawful assembly to take possession with deadly weapons — Deceased who came there to intervene, was inflicted pharsa blow on his head — No repetition of injury — Died after 11 days due to septicemia — Held — The appellants had no intention to liquidate the deceased — The case will fall under Part I of Sec. 304 IPC — Conviction converted u/S. 304 Part I of the IPC — Appeal partly allowed. (Paras 15, 18 to 20, 24 to 30)

       Revision dismissed.

       n.M lafgrk] /kkjk 447] 427] 323 ls 326] 307] 302] 148] 149] 147] 304 Hkkx I & vk'k; & e`R;q dkfjr djus ds vk'k; ds vHkko esa /kkjk 302@149 Hkk-n-la- ds rgr vijk/k gsrq nks"kflf) fLFkj djuk & ifjoknh i{k fookfnr Hkwfe ij dkfct Fkk & vfHk;qDr vihykFkhZ us dCtk ysus gsrq ?kkrd gfFk;kjksa ls fof/k fo:) teko fd;k & e`rd tks ogka chp cpko djus vk;k Fkk] mlds flj ij Qjls ls okj fd;k x;k & ?kko dks nksgjk;k ugha x;k & 11 fnu ckn ^^lsIVhflfe;k** ls ekSr gqbZ & vfHkfu/kkZfjr & e`rd dk fglkc fdrkc pqdrk djus dk vihykFkhZx.k dk dksbZ vk'k; ugha Fkk & ekeyk Hkk-n-la- dh /kkjk 304 Hkkx I ds rgr vk;sxk & nks"kflf) Hkk-n-la- dh /kkjk 304 Hkkx I esa rCnhy dhA ¼in la[;k 15] 18 ls 20] 24 ls 30½

       vihy v'kar% Lohdkj dhA

       

Hon'ble GUPTA, J.—These both matters are related to same incident and filed against a common order, hence, they are being decided by this common judgment.

2. Criminal Appeal and revision petition have been filed against the judgment and order 15.12.2003 passed in Sessions Case No.99/2003 (2/97) by Additional District Judge (Fast Track) No.3, Bharatpur Camp Bayana, by which the present appellants have been convicted and sentenced, as under:

Appellant Nihal Singh:

Under Section 447 IPC: to undergo three months simple imprisonment.

Under Section 427 IPC: to undergo one year simple imprisonment.

Under Section 323 IPC: to undergo one year rigorous imprisonment.

Under Section 324/149 IPC: to undergo two years rigorous imprisonment.

Under Section 325/149 IPC: to undergo three years rigorous imprisonment and a fine of Rs.500/- in default of payment of fine, he has to further undergo three months simple imprisonment.

Under Section 326/149 IPC: to undergo five years rigorous imprisonment and a fine of Rs.1000/-. In default of payment of fine, he has to further undergo six months simple imprisonment.

Under Section 307/149 IPC: to undergo seven years rigorous imprisonment and a fine of Rs.1000/-. In default of payment of fine, he has to further undergo six months simple imprisonment.

Under Section 302/149 IPC: to undergo life imprisonment and fine of Rs.2500. In default of payment of fine, he has to further undergo one year simple imprisonment.

Appellant Atar Singh:

Under Section 427 IPC: to undergo one year simple imprisonment.

Under Section 447 IPC: to undergo three months simple imprisonment.

Under Section 148 IPC: to undergo two years rigorous imprisonment.

Under Section 323 IPC: to undergo one year rigorous imprisonment.

Under Section 324/149 IPC: to undergo two years rigorous imprisonment.

Under Section 325/149 IPC: to undergo three years rigorous imprisonment and a fine of Rs.500/- in default of payment of fine, he has to further undergo three months simple imprisonment.

Under Section 326/149 IPC: to undergo five years rigorous imprisonment and a fine of Rs.1000/-. In default of payment of fine, he has to further undergo six months simple imprisonment.

Under Section 307/149 IPC: to undergo seven years rigorous imprisonment and a fine of Rs.1000/-. In default of payment of fine, he has to further undergo six months simple imprisonment.

Under Section 302/149 IPC: to undergo life imprisonment and fine of Rs.2500. In default of payment of fine, he has to further undergo one year simple imprisonment.

Appellant Bhagwat and Prakash @ Om Prakash:

Under Section 148 IPC: to undergo two years rigorous imprisonment.

Under Section 323 IPC: to undergo one year rigorous imprisonment.

Under Section 324/149 IPC: to undergo two years rigorous imprisonment.

Under Section 325/149 IPC: to undergo three years rigorous imprisonment and a fine of Rs.500/- in default of payment of fine, he has to further undergo three months simple imprisonment.

Under Section 326/149 IPC: to undergo five years rigorous imprisonment and a fine of Rs.1000/-. In default of payment of fine, he has to further undergo six months simple imprisonment.

Under Section 307/149 IPC: to undergo seven years rigorous imprisonment and a fine of Rs.1000/-. In default of payment of fine, he has to further undergo six months simple imprisonment.

Under Section 302/149 IPC: to undergo life imprisonment and fine of Rs.2500. In default of payment of fine, he has to further undergo one year simple imprisonment.

Appellant Makhan:

Under Section 148 IPC: to undergo two years rigorous imprisonment.

Under Section 323 IPC: to undergo one year rigorous imprisonment.

Under Section 324/149 IPC: to undergo two years rigorous imprisonment.

Under Section 325/149 IPC: to undergo three years rigorous imprisonment and a fine of Rs.500/- in default of payment of fine, he has to further undergo three months simple imprisonment.

Under Section 326/149 IPC: to undergo five years rigorous imprisonment and a fine of Rs.1000/-. In default of payment of






























































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