(Delivered on 24/11/2021)

Per Rajeev Kumar Shrivastava, J.:

1.

The instant Criminal Appeal is preferred under Section 374

of CrPC, against the judgment of conviction and sentence dated

8-2-2012 passed by IInd Additional Sessions Judge, District

Shivpuri in Sessions Trial No. 63/2011, whereby appellants have

been convicted under Sections 302 read with Section 34 of IPC,

Section 324 read with Section 34 of IPC and Section 323 read

with Section 34 of IPC and sentenced to undergo life

-( 2 )- CRA No. 202/2012

imprisonment with fine of Rs.4000/- each for the offence under

Section 302/34 of IPC, in default of payment of fine, to undergo

RI for one year each, and for the offence under Section 324/24 of

IPC, to undergo 6 months RI each with fine of Rs.700/- each, in

default of payment of fine, to undergo RI for one month each, and

under Section 323/34 of IPC, to undergo RI for three months each

with fine of Rs.300/- each, in default of payment of fine, to

undergo rigorous imprisonment of 15 days each. All the sentences

were directed to run concurrently.

2.

The brief facts of the case are that complainant Rambali

Jatav lodged FIR alleging that on 26.01.2011 at around 6.00 pm,

he along with Ramveer (deceased) was coming back from their

fields to their house and complainant's Bhabhi Rambai was

coming after attending the call of nature, when they reached in

front of the house of Kutaria, the accused persons Kaptan, Kutaria,

Gudda and Sangram, who were armed with luhangi, axe, lathi and

farsa reached there, on that he asked why they had brought their

grass, however, all of them attacked him with luhangi, axe, lathi &

farsa. When Ramveer (deceased) & Rambai tried to save him, all

the accused persons attacked upon them with luhangi, axe and

farsa and caused serious injuries to them, as a result of which

deceased Ramveer sustained injuries on his head, face and

forehead, whereas Rambai also suffered injuries on her right hand

with lathi. Thereafter, his father Bhola as well as Devendra &

Parbati came to rescue them from the accused persons. The FIR

was registered for commission of offence under Sections 307, 324

& 323 of IPC. During the treatment, Ramveer succumbed to his

injuries, on that, the offence under Section 302 of IPC was

enhanced.

3.

After completion of investigation, the charge sheet was filed

-( 3 )- CRA No. 202/2012

for commission of offence under Sections 302, 307, 324, 323 read

with Section 34 of IPC. Charges under Sections 302/34, 307/34

(Kaptan u/S 307), 323, 341 & 323/34 IPC were framed against the

accused-appellants to which, they pleaded not guilty and claimed

trial.

4.

In the statements recorded under Section 313 of Cr.P.C. the

accused/appellants have stated that in the incident the complainant

party was aggressor. They entered into the house of the accused-

appellants and caused injuries to them. The accused-appellants

were medico-legally examined. Accused-appellants Sangram

Singh, Kutaria and Kaptan have taken the plea of alibi.

5.

Before the trial Court prosecution examined Rambali (PW-

1), Arjun (PW/2), Devendra (PW/3), Bholaram (PW/4), Rambai

(PW/5), Dr. R.R. Mathur (PW/6), Dr. Seema Shakya (PW/7), Dr.

A.P. Sengar (PW/8), Bharosa Ram (PW/9), Prahlad Singh Patwari

(PW/10), Kailash Sharma, ASI (PW/11), Gurubachan Singh, TI

(PW/12), Ashok Sharma, Head Constable (PW/13) and accused

persons in their defence examined Anita (DW/1) and Kanhaiya

(DW/2) and proved the contents of Ex-D-1 to Ex-D-5.

6.

Learned trial Court after appreciation of evidence available

on record convicted and sentenced the appellants as under :-

Name of

accused

Section

Punishment

Fine

In default,

punishment

Kaptan

302/34 IPC Rigorous

Imprisonment for

life

4000/- One year

RI

324 IPC

6 months RI

700/- One

Months RI

323/34 of

IPC

3 months RI

300/-

15 days RI

Kutaria

302/34 IPC Rigorous

Imprisonment for

4000/- One year

RI