SUNIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) All these appeals are directed against common judgment of the Rajasthan High court by which the appeals preferred by eight accused persons including present appellants were disposed of. While ramesh, son of Harish Chandra was convicted for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'ipc') and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- with default stipulation, the other seven i. e. present appellants were convicted for offence punishable under section 302 IPC read with Section 149 IPC and were each sentenced to undergo imprisonment for life and to pay a fine of rs. 1,000/- each with default stipulation. Each of the eight accused persons were convicted in terms of Section 148 IPC and sentenced to undergo two years' rigorous imprisonment. Ramesh, son of Harish chandra who was convicted in terms of section 302 IPC, has not preferred any appeal, while the rest seven accused persons have preferred the present appeals.

(3.) Prosecution version as unfolded during trial is as follows: on October 29, 1998 around 11 a. m. informant yogendra Singh (PW-1) submitted "written report to one Phool Chand, police officer at Roadways Bus stand Jhunjhunu. It was, inter alia, stated in the report that on the said day at about 10. 00 a. m. the informant was standing at the traffic point near bus stand. Two other witnesses i. e. Surendra and Ajay were also/ there. Suddenly they heard ruckus coming from the jront of a tea stall nearby. All the three rushed to the spot where they saw that the nephew of informant, namely, Sumer Singh (hereinafter referred to as the 'deceased') was surrounded by the appellants who were equipped with hockies, iron rods and pipes etc. , while Ramesh Kumar had a knife. Ramesh Kumar inflicted several blows on the abdomen of the deceased with knife and others belaboured him with hockies, iron rods and pipes. After causing injuries to the deceased the assailants fled away from the scene of occurrence in a red jeep bearing No. RJ-19/c-6255 in which they had come together. The incident had been witnessed by other witnesses, chandra Shekhar and Krishna kumar. It was also alleged in the report that deceased was belaboured on accourit of previous enmity. On the basis of said report, formal FIR was registered at police station Jhunjhunu for offences punishable under Sections 302, 147,148 and 149 IPC and investigation commenced. Site plan of the incident was drawn. Deceased was subjected to post mortem examination. Blood stained clothes of the deceased were seized. Control soil and blood stained soil were lifted from the place of incident. The accused persons were taken into custody and at their instance certain weapons as also the jeep got recovered. Charge sheet was filed after completion of investigation. Trial was conducted by learned Sessions judge, Jhunjhunu. Charges under Sections 147, 148,302 in the alternate 302/149 IPC were framed against the appellants and ramesh who denied the charges and claimed trial. The prosecution in support of its case examined 21 witnesses and got exhibited 61 documents. In their explanation under Section 313 of the Code of Criminal procedure, 1973 (in short the 'cr. P. C'. ) , the accused persons pleaded innocence and stated that the witnesses were partisan and were telling lies as they happened to be close relatives of the deceased and on account of groupism there had been blatant false implication. On consideration of materials on record learned Sessions judge convicted and sentenced the appellants as indicated herein above. All the eight accused persons preferred appeals before the High Court which as noted above dismissed the appeals and upheld the conviction and sentence.