The appellant was sentenced to imprisonment for life and to pay a fine with default stipulations and to suffer 10 years, 1 year, 2 years and 6 months imprisonment in respect of other offences.
On hearing hue and cry, neighbours also gathered there.
Injured Uma Shankar and Chittar Lal were taken to the hospital.
Satyanarayan inflicted blow with an iron rod on the head of Chittar Lal.
P.C. the appellant and other company accused claimed innocence.
P 5 at Police Station Mahaveer Nagar, Kota, on 8.4.2001 at about 3.00 a.m. stating that his house is situated at Keshave Nagar, Kota, and Babu Lal Nai was also residing in front of his house.
Chittar Lal, father of the informant hereinafter referred to as the deceased enquired from the accused as to why they had entered into the house.
Dinesh and Satyanarayan inflicted knife injury to Uma Shankar and Vinod while Nirmala W o Dinesh and Smt.
Geeta exhorted the accused to finish them.
In appeal, the stand was reiterated.
There had been long standing enmity between them and many a times they had altercations in the past.
Charges under Sections 148, 452, 302 or 302/149, 307 or 307/149, 324 or 324/149 and 323 or 323/149 IPC were framed against the appellant and other company accused who denied the charges and claimed trial.
Chittar Lal and Uma Shankar became unconscious on the spot.
The prosecution in support of its case examined 18 witnesses.
Uma Shanker and the informant Suresh Kumar rushed to rescue Chittar Lal.
Babu Lal Nai inflicted injury on the abdomen of Chittar Lal.
Geeta W o Babu Lal and Sonu Sunil inflicted injuries to his father and brother with lathies and iron rod.
Dinesh with the sword which he was carrying pierced abdomen of Chittar Lal.
Geeta, and sons Dinesh, Sattu Satyanarayan and Sonu Sunil and Smt.
In their explanation under Section 313 of the Code of Criminal Procedure, 1973 in short Cr.
P.C. Before the Trial Court, the primary stand was that there was long standing enmity between the parties and, therefore, there was false implication.
Chittar Lal succumbed to the injuries while injured Uma Shankar was admitted to the hospital.
On this, Babu Lal Nai and his wife Smt.
In due companyrse, the case came up for trial before the learned Additional Sessions Judge No.2 Fast Tract , Kota.
Appellant Dinesh got himself examined as DW 1 under Section 315 Cr.
Learned Trial Judge on hearing final submissions companyvicted and sentenced the appellants as indicated hereinabove.
Background facts giving rise to the trial are as follows Informant Suresh Kumar PW 10 submitted a written report Ex.
On 7.4.2001 at about 11 Oclock, while the informant and his family members were sleeping in the house after bolting the door from inside, the accused Babu Lal Nai along with his wife Smt.
In all, five persons faced trial.
Nirmla W o Shri Dinesh armed with deadly weapons entered into his house.
After investigation, charge sheet was filed.
Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court, Jaipur Bench, upholding companyviction recorded by learned Additional Sessions Judge No.2, Fast Track Court, for offences punishable under Sections 302, 307, 324, 148, 452 and Section 323 read with Section 149 of the Indian Penal Code, 1860 in short the IPC .
Leave granted.
Dr. ARIJIT PASAYAT, J. Heard learned companynsel for the parties.
It was also submitted that appellant was, in fact, assaulted by the companyplainant party had also suffered injuries and had lodged a cross case.
It is to be numbered that PWs 7 and 13 were the injured witnesses and PW 10 was another eye witness and was the informant.
