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2023 Supreme(Raj) 672

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
PANKAJ BHANDARI, BHUWAN GOYAL, JJ.
Sukh Dev Singh S/o Succha Singh – Appellant
Versus
State of Rajasthan – Respondent
D.B. Criminal Appeal No. 474 of 2018, D.B. Criminal Appeal Nos. 996, 1315, 2214 of 2017
Decided On : 07-08-2023

Advocates Appeared:
For the Appellants : Rajendra Singh Tanwar, Amitabh Vijaywargia, Santosh Kumar Jain.
For the Respondent: Javed Choudhary.
For the Complainant : Harendra Singh Sinsinwar, Jaswant Singh Rathore.

Headnote:

Indian Penal Code, 1860 - Sections 143, 147, 148, 149, 323, 341, 324, 326, 307, 302 - Criminal Procedure Code, 1973 - Section 313 - Arms Act - Section 3/25 - Attempt to murder - Offence of murder - Default of payment - Supplementary challan - Criminal Appeal - Held, Court are, therefore, of considered view that accused side and complainant side who were belonging to same lineage had a dispute pertaining to land, which was being tilled by and in exercise of their right of private defence of body as well as property, injuries were caused by accused side - Fact that complainant side caused injuries to accused is also evident, as they have been convicted by learned Trial Court vide its judgment and order - Allowed.

JUDGMENT :

PANKAJ BHANDARI, J.

1. Since controversy involved in the bunch of these criminal appeals arises out of the same incident; the same are being decided by this common judgment.

2. The appellants have preferred these appeals aggrieved by the judgment of conviction and order of sentence dated 17.05.2017 whereby appellants were acquitted for the offence under Sections 323, 323/149, 307, 307/149 and 341 of IPC and convicted and sentenced as hereunder:

    Appellant-Sukh Dev Singh:

(i) For offence under Section 148 IPC - 2 years rigorous imprisonment and fine of Rs.1,000/- and in default of payment of fine, to further undergo 1 month rigorous imprisonment.

(ii) For offence under Section 302 IPC - Life Imprisonment and fine of Rs.5,000/- and in default of payment of fine, to further undergo 6 months rigorous imprisonment.

(iii) For offence under Section 326/149 IPC - 7 years rigorous imprisonment and fine of Rs.2,000/- and in default of payment of fine, to further undergo 2 months rigorous imprisonment.

(iv) For offence under Section 324/149 IPC - 3 years rigorous imprisonment and fine of Rs.1,000/- and in default of payment of fine, to further undergo 2 months rigorous imprisonment.

(v) For offence under Section 3/25 Arms Act - 3 years rigorous imprisonment and fine of Rs.1,000/- and in default of payment of fine, to further undergo 1 month rigorous imprisonment.

All the sentences were directed to run concurrently.

Appellants-Munsha Singh, Amar Singh, Smt. Rukman Kaur, Gurudev Singh, Succha Singh and Kulwant:

(i) For offence under Section 148 IPC - 2 years rigorous imprisonment and fine of Rs.1,000/- and in default of payment of fine, to further undergo 1 month rigorous imprisonment.

(ii) For offence under Section 302/149 IPC - Life Imprisonment and fine of Rs.5,000/- and in default of payment of fine, to further undergo 6 months rigorous imprisonment.

(iii) For offence under Section 326/149 IPC - 7 years rigorous imprisonment and fine of Rs.2,000/- and in default of payment of fine, to further undergo 2 months rigorous imprisonment.

(iv) For offence under Section 324/149 IPC - 3 years rigorous imprisonment and fine of Rs.1,000/- and in default of payment of fine, to further undergo 2 months rigorous imprisonment.

All the sentences were directed to run concurrently.

3. Succinctly stated the facts of the case are that a written report (Exhibit-P1) was lodged by complainant - Prakash Kaur wife of Charan Singh on 27.09.2012 at Police Station Jurhara, District Bharatpur, Rajasthan, which reads as under:

    ^^mijksDr fo"k;kUrxZr fuosnu gS fd dy fnukad 26-09-2012 dks lk;adky 6&6%30 cts dh ckr gS fd esjk ifr pj.kflag vius [ksr dks tqrkbZ ;ksX; gksus vFkok ugha gksus gsrq ns[kus x;k Fkk rks ogka mls lqPpkflag iq= lqjs.kflag] fnyhiflag iq= lqjs.kflag] lq[knsoflag] dqyoarflag] mQZ xq:tsUV iq= fnyhiflag] eqU’kkflag iq= fnyhiflag] xq:nso flag iq= Jh bUnj flag o muds lkFk muds ifjokj dh efgyk;sa jk.kkdkSj iRuh Jh fnyhiflag] y{ehdkSj iq=h lqPpkflag] fniksa dkSj iRuh lqPpkflag] :de.kdkSj iq=h fnyhiflag o lqjs.kflag dk nkekn vejflag iq= y{ke.kflag xkao [ksMh gkFkksa esa cUnwd] ryokj] QlkZ] o ykBh;ksa ls ySl gksdj ÁkfFkZ;k ds ifjokj ds [ksr esa VªSDVj ls tqrkbZ djkrs gq, feys ftl ij esjs ifr pj.kflag us mUgsa [ksr tksrus ls euk fd;k rks mldks ?ksj dj o fnyhiflag us viuh cUnwd ls tku ls ekjus ds vk’k; ls Qk;j dj fn;k ftlls mlds NjsZ gkFkksa esa yxs o mldh iRuh :de.kh esjs ifr ds flj o gkFkksa esa Qjlk ekjk] ftlls mlds gkFk dV x;sA blds ckn esjs ifjokj dk xq:ehr flag mDr okjnkr dks ns[kdj igqapk rks mldks tku ls ekjus ds vk’k; ls xq:uhrflag ds flj esa QlsZ dh pksV ekjh o gkFkksa esa ryokj dqycUrflag us ryokj ls pksV igqapkbZA ftlls xq:ehrflag ds gkFk dV x;sA fQj esjs ifjokj ds egsUæflag] fueZydkSj] vt;flag] vejthrflag ikl esa fLFkr vius edku ls [ksr ij igqaps rks mu ij Hkh lHkh eqyftekuksa }kjk QlkZ ryokj ls okj dj xEHkhj pksVsa ekjhA vejnhiflag] dks lq[knsoflag }kjk cUnwd ls xksyh ekjh] tks mlds dqYgsa dks phjrh gqbZ ikj gksdj fudy xbZ o esjs ifjokj ds lHkh yksxks

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