[2025:RJ-JD:33631-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Appeal (DB) No. 17/2020

1. Kishore Singh S/o Shri Manna Singh, Aged About 27 Years, By Caste Rawat, R/o Mehghato Ka Guar, Chattrapura, P.s. Devgarh, District Rajsamand (Raj.). (At Present Lodged In District Jail Rajsamand, Raj.).

2. Prakash Singh S/o Shri Manna Singh, Aged About 24 Years, By Caste Rawat, R/o Mehghato Ka Gaus, Chattrapura, P.s. Devgarh, District Rajsamand (Raj.). (At Present Lodged In District Jail Rajsamand, Raj.).

3. Laxman Singh S/o Shri Roop Singh, Aged About 54 Years, By Caste Rawat, R/o Sohanpura, P.s. Badnor, District Bhilwara (Raj.). (At Present Lodged In District Jail Rajsamand, Raj.).

----Appellants Versus State of Rajasthan, Through P.p.

----Respondent For Appellant(s) : Mr. Kaluram Bhati, Adv.

For Respondent(s) : Mr. Deepak Choudhary, AAG assisted by Mr. KS Kumpawat HON'BLE MR. JUSTICE MANOJ KUMAR GARG HON'BLE MR. JUSTICE SANJEET PUROHIT

Judgment

REPORTABLE Per Hon’ble Mr. Manoj Kumar Garg, J.

30/07/2025 Instant criminal appeal has been filed by the appellants against the judgment dated 19.11.2019 passed by learned Additional Sessions Judge, Rajsamand, in Sessions Case No.54/2015 (CIS No.111/2015) by which the learned Trial Court convicted and sentenced the appellants as under :

S.No. Offence U/s Sentence Fine Sentence in default of fine

1. 341 IPC 1 month SI Rs.500/- 5 days SI 2. 323/34 IPC 1 year SI Rs.1,000/- 7 days SI

3. 324/34 IPC 3 years SI Rs.2,000/- 15 days SI

4. 307/34 IPC 10 years SI Rs.8,000/- 2 months SI

5. 302/34 IPC Life Rs.10,000/

imprisonment

6. 4/25 of Arms 3 years SI Rs.1,000/- 3 months SI Act-appellant No.1 only All the sentences were ordered to run concurrently.

Brief facts necessary to be noted for deciding the controversy are that 10.09.2015, complainant Bheem Singh gave an oral information (Ex-P/7) to the concerned Police Station to the effect that on 09.09.2015 at about 10 AM, he want to Bhim on the motorcycle. In the evening, at about 6:30 PM, when he was returning, the accused-persons including the present petitioners came armed with deadly weapon such as sword, axe, lathi etc and forcefully stopped the complainant and started abusing the complainant. Accused Kishore Singh gave a sword blow on the left hand of the complainant. On raising hue and cry, Ratan Singh came to the rescue of the complainant, upon which the accused Prakash Singh gave axe blow on the head of Ratan Singh and accused Narpat Singh & Laxman Singh gave lathi blow to Ratan Singh. On hearing hue and cry, the villagers rescued the complainant and Ratan Singh. On receiving the information, Police reached at the place of incident and took the complainant and Ratan Singh to hospital. Due to severe injuries, the complainant and Ratan Singh were referred to higher centre at Rajsamand, but on the way Ratan Singh died. The complainant was further referred to Udaipur for treatment.

On the said report, Police registered the FIR No.317/2015 against the accused persons including the appellants and started investigation. On completion of investigation, police filed challan against the accused persons including the appellants.

Thereafter, learned Trial Court framed, read over and explained the charges for the offence under Sections 147, 148, 341, 323, 324, 307, 302/149 IPC and Section 4/25 of Arms Act to the accused persons Kishore Singh and Vikram Singh and for offence under Sections 147, 148, 341, 323, 324, 307, 302/149 IPC to accused persons Prakash Singh, Laxman Singh & Smt. Tipu Devi. They denied the charge and sought trial.

During the course of trial, the prosecution examined as many as fifteen witnesses and also got exhibited relevant documents in support of its case.

The accused persons including the appellants were examined under Section 313 Cr.P.C. and they were confronted with the evidence adduced against them during the course of trial to which they denied and stated that they did not commit any offence. They were innocent and had been falsely i