CHITTARMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals by special leave have been preferred by Chittarmal and Moti who have impugned the judgment and order of the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in D.B. Crl. Appeal No. 563 of 1997 and DB Cr. (Jail) Appeal No. 1 of 1998 dated 5th September, 2000. The High Court while acquitting the other accused of the charges levelled against them, found the appellants guilty of the offences punishable under Ss. 302 and 307, I.P.C. The appellants who had been sentenced to death by the trial Court for committing the offence punishable under S. 302, I.P.C., were sentenced to undergo rigorous imprisonment for life declining the death reference. The trial Court had also sentenced the appellants to undergo five years rigorous imprisonment and to pay a fine of Rs. 2000/- for the offence punishable under S. 307, I.P.C., in default of payment of fine, six months simple imprisonment, which was upheld by the High Court. The conviction of the appellants under S. 148, I.P.C. was, however, set aside.

(2.) The case of the prosecution is that on the night intervening 27th-28th April, 1989 deceased-Bhura and Ram Narain and Lal Chand, P.W. 1 were sleeping in their house in village Joshian Ki Dhani when the appellants herein along with five other persons entered the house at about 10 or 11 p.m. and brutally assaulted Bhura and Ram Narain as also Lal Chand. P.W. 1 Bhura and Ram Narain succumbed to their injuries but Lal Chand, P.W. 1, who suffered as many as 24 injuries survived the assault. Bhura was the father of Ram Narain and the father-in-law of Lal Chand, P.W. 1. The First Information Report Ex. P1 was lodged by Bhenru, P.W. 5 another son of Bhura (deceased) alleging that on the night of occurrence Moti (appellant) along with Ramsi, Ratan, Lala, Chhagan, Jaggu and 2-3 others armed with axes, farsies and swords entered the house of Bhura and mounted a murderous assault as a result of which Bhura and Ram Narain lost their lives while Lal Chand, P.W. 1 was severely injured. It may be noticed at this stage that Chittarmal was not named as one of the accused in the First Information Report. On the basis of the First Information Report a case was registered under Ss. 147, 148, 302, 307 and 447, I.P.C. at P. S. Sanganer. In the course of investigation blood stained clothes and the weapons of offence are said to have been recovered at the instance of accused persons. The post-mortem examination of the bodies of Bhura and Ram Narain was conducted by Dr. Nirmal Kumar Sharma, P.W. 18 and Dr. H. C. Bairwa, P.W. 14. Lal Chand, P.W. 1 was examined by Dr. B. C. Temani, P.W. 15, who prepared the injury report Ext. P.26. The report discloses that Lal Chand, P.W. 1 had suffered as many as 24 injuries, most of them incised wounds which, in the opinion of the doctor, could have been caused by a heavy long sharp edged weapon. Injuries Nos. 9 and 17 were of grievous nature, which were described as follows in the report :

(3.) After investigation charge-sheet was submitted only against the appellants herein since the investigating agency found no case against the other accused persons. After the trial commenced before the Sessions Court and 7 witness had been examined, the Public Prosecutor moved an application for summoning the remaining accused for trial under S. 319, Cr. P.C. The said application was allowed by the Sessions Judge by his order dated 30th March, 1992 and the remaining five accused namely, Ramai, Rattan, Chhagan, Jaggu and Lala were also summoned for trial.