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1999 DIGILAW 657 (RAJ)

Mangu@ Mangia v. State of Rajasthan

1999-05-12

MOHD.YAMIN

body1999
JUDGMENT 1. - Learned Addl. Sessions Judge, Bhilwara by his judgment dated 19/20.7.84 convicted and sentenced the appellants as follows : (i) Mangu U/s. 324 IPC 8 months R.I. and Rs. 250/- as fine, In default of fine two months S.I. U/s. 452 IPC 8 months R.I. and Rs. 50/- as fine, in default of fine 15 days S.I. U/s. 325/34 IPC 2 years R.I. and Rs. 200/- as fine, in default of fine, 11/2 months S.I. U/s. 323 IPC 3 months S.I. and a fine of Rs. 50/-. In default of fine 15 days further S.I. (ii) Jalu, Partu and Arjun U/s. 324/34 IPC 18 months R.I. and Rs. 250 as fine in default of fine, 2 months S.I. U/s. 452 IPC 8 months R.I. and Rs. 50 as fine in default of fine, 15 days S.I. U/s. 324/34 IPC 2 years R.I. and a fine of Rs. 200/- in default of fine, 11/2 months S.I. U/s. 323 IPC 3 months S.I. and a fine of Rs. 50/- in default of fine, 15 days further S.I. 2. All sentences of all the appellants were ordered to run concurrently. 3. They have assailed their conviction and sentences by preferring this appeal. Briefly stated on 29.6.83 when the sun was setting, Kanku and her son Laxman were sitting outside their house in village Bawlas. Smt. Tamuni wife of Arjun passed through the way and after seeing Laxman started abusing him. She abused him alleging that he had gone to Ajitgarh and played magic on her brother. Then Tamuni threw stone on him. Laxman requested her not to abuse, then she went away. After sometime before darkness fell, appellants came armed with lathies and axe. They all entered into the house of complainant and assaulted him causing simple and grievous injuries. They also inflicted simple injuries to Ganga. Kanku reported the matter to SHO, Bagore on 30.6.83 where a case under Section 147, 323 and 459 IPC was registered. During the investigation, case was converted to Section 307/149 IPC and challan was submitted before the Magistrate having jurisdiction who committed the case for trial to the learned Sessions Judge, as Bhilwara. He transferred it to learned Addl. Sessions Judge. It was on 16.11.83 that learned Addl. During the investigation, case was converted to Section 307/149 IPC and challan was submitted before the Magistrate having jurisdiction who committed the case for trial to the learned Sessions Judge, as Bhilwara. He transferred it to learned Addl. Sessions Judge. It was on 16.11.83 that learned Addl. Sessions Judge framed and read over charges under Sections 147, 323, 459 and 307 IPC to the Mangu and under section 147, 323, 459 and 307/149 IPC to rest of the appellants. They denied their indictment and claimed trial. The prosecution then examined 11 witnesses in support of Its case. Then appellants were examined under Section 313 Cr.PC. Their main defence was that Laxman abducted Partu's wife. The defence of different appellants was different. 4. I have heard learned counsel for the appellants as well as learned Public Prosecutor. Learned counsel for the appellants did not seriously challenge the finding of guilt and he did so rightly because injured persons and other witnesses who have supported them are reliable. The injuries found on the person of injured persons are corroborated by medical evidence. I would like to discuss evidence to some extent. It is PW-1 Kanku who reported the matter to police. She has stated that appellants went inside her house where her son Laxman was present and then gave beatings to him. He came out and fell down on the ground. She also stated that she was also given beatings. According to her, it was Mangu who was armed with Kulhari. She further stated that Laxman went to the house of Roopa where appellants also went after him PW 6 Laxman stated that all the appellants came to his house armed. According to him Mangu was armed with Kulhari and inflicted Kulhari blow on his head while others inflicted blows by lathies on his person as they came armed with lathies. He stated that he was examined by a doctor and that he was admitted in hospital for about 3 months. The third injured is Smt. Ganga PW 2. She has stated that all the appellants entered so into her house. Partu and Arjun gave beatings to her and brought her on the street. Appellants entered into the house where they gave beatings to Laxman by lathies and Kulhari. Her husband went to Guwadi of Roopa where appellants went following him and assaulted. She has stated that all the appellants entered so into her house. Partu and Arjun gave beatings to her and brought her on the street. Appellants entered into the house where they gave beatings to Laxman by lathies and Kulhari. Her husband went to Guwadi of Roopa where appellants went following him and assaulted. Other witnesses PW 3 Moola, PW 4 Heera, PW 5 Roopa have proved that injuries on the person of these three injured persons were seen by them and the appellant were seen. It is PW-5 Roopa who saw the appellants assaulting Laxman. Injuries of all these three injured witnesses are proved by PW 11 Dr. B.D. Gurnani. He found 5 incised wounds on the person of Laxman. They were all simple in nature. He also found 11 other injuries on the person of Laxman. Laxman had in all 16 injuries on his body. Injury No. 12 on fore-arm of left hand is was found to be grievous on X-ray examination. As per report Ex.P. 22, which is based on X-ray examination conducted by Dr. K.C. Jain, who prepared Ex P. 20, there was a fracture of middle ⅔ rigion of ulna. Dr. Gurnani has also proved the bruises and abrasions on the body of Smt. Kanku which he mentioned in injury report Ex.P. 23. He also proved bruises on the person of Smt. Ganga who was examined by him and whose injury report is Bx.P. 24. 5. Then there Is evidence about recovery of Kulher'. It is proved by Investigating Officer PW Jawahar Singh that Kuhad was recovered vide Ex.P. S on the basis of disc, loeure statement of Mangu. Thus from this evidence, case of prosecution is well proved. Learned Sessions Judge has rightly convicted the appellants for the said offences. 6. Learned counsel for the appellants submitted that the appellants have remained in custody for sometime and that looking to the nature of offences proved against them, it will serve the ends of justice, if they are sentenced to the period already undergone under different counts. They are ready to pay reasonable compensation to injured persons. Learned Public Prosecutor does not opposed. Looking to all the facts and circumstances of the case, conviction of appellants under different offences stated in pare. No. 1 of the judgment is maintained but their sentence is reduced to the period already undergone. They are ready to pay reasonable compensation to injured persons. Learned Public Prosecutor does not opposed. Looking to all the facts and circumstances of the case, conviction of appellants under different offences stated in pare. No. 1 of the judgment is maintained but their sentence is reduced to the period already undergone. It is ordered under Section 357(3) Cr.P.C. that each one of them will pay a compensation of Rs. 3000/-. Thus out of total sum of Rs. 12,000/- a sum of Rs. 10,000/- will be paid to Laxman and Rs. 1000/- each to Smt. Gangs and Srnt. Kanku. Two months' time from today is granted to pay compensation. Thus appeal stands partly allowed.Appeal Partly Allowed. *******