JAGDISH PRASAD @ J.P. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals have been preferred by the appellants against the common impugned judgment and order dated 10.3.2011 passed by the High Court of Rajasthan in D.B. Criminal Appeal Nos.129/2000 and 84/2002, by which the conviction of the appellants for offences under Sec. 147, 148, 450, 302/149, 326/149, 325/149, 324/149, 323, 427 and 364 of the Indian Penal Code (for short, the 'IPC') by the Trial Court was upheld by the High Court. The sentence of life imprisonment imposed by the Trial Court was also confirmed.

(2.) Banwari Lal (PW5) lodged a complaint in the Police Station Kotwali, Seekar at 10.30 a.m. on 109.1998. He alleged that he along with his brothers Bhebharam (deceased) and Om Prakash (PW6) were sitting in their shop. PW2 Sanwar Mal, PW9 Mohan Singh and Tara Chand also joined them. At 10 a.m., Om Prakash stepped out of the shop and went to Jankinath market gate to order for some tea. At that time, he was assaulted by 10-15 persons near the Jankinath market.

(3.) PW5 Banwari Lal, PW2 Sanwar Lal, PW21 Mohan Lal and Mangi Lal PW22, rushed out of the shop and saw 10-15 persons beating Om Prakash with lathi, sword, farsi and sariyas. Thereafter, the assailants entered the shop and launched an attack on Bhebharam (deceased) and Om Prakash. The shop was ransacked and the deceased Bhebharam was dragged out of the cabin. It was also alleged that Shyama attempted to hit Om Prakash with a farsi blow with an intention to kill him. Om Prakash avoided the attack and in the process his left hand's middle finger was chopped off. Both Bhebharam and Om Prakash were abducted in a Jeep and taken away. Bhebharam (deceased) and Om Prakash were found in injured condition near Gaushala in Dataramgarh and were taken to Seekar Hospital. Bhebharam was referred to SMS Hospital, Jaipur, as his condition was serious. Bhebharam died at 12.30 p.m. on 19.1998.