STATE OF RAJASTHAN Vs. MOTI

JUDGEMENT

(1.) The above mentioned appeals and the death reference arise out of the judgment dated 18th of November 1997 of the learned Sessions Judge, Jaipur District, Jaipur. By the impugned judgment appellants Moti and Chittar were convicted under Sections 302, 307 and 148 IPC. and were sentenced to death for the first offence and five years rigorous imprisonment and a fine of Rs. 2000/- for the second; in default of payment of fine, six months simple imprisonment. They were not sentenced separately under Section 148 IPC Remaining five accused appellants were convicted under Section 302 read with S. 149, I. P. C., 307 read with 149 and 148 I.P.C. and sentenced to imprisonment for life and a fine of Rs. 5,000/- under the first count and four years rigorous imprisonment and a fine of Rs. 1,000/- under the second count. They were also not separately sentenced under Section 148, I.P.C.

(2.) The prosecution case relates to an occurrence which took place in the night intervening 27th and 28th of April 1989 in village Joshian Ki Dhani, in which two persons Bhura and Ram Narain lost their lives and Lal Chand P.W. 1 suffered multiple injuries. The prosecution case, as disclosed in the first information report Ex. P. 1 lodged by P.W. 5, Bhenru, was that at about 10 or 11 p.m. when Bhura, Ram Narain and Lal Chand were lying on the cots in their house, Ramsi, Moti, Ratan, Lala, Chhagan, Jaggu and 2-3 other persons armed with axes, "Farsies' and swords went there and caused injuries to them. The motive for the crime, disclosed in the FIR was enmity between the parties. On this report, a case under Ss. 147, 148, 149, 302, 307 and 447, IPC was registered at No. 139/89 at Police Station Sanganer. The police held the inquest, inspected the site, interrogated the witnesses and arrested the accused persons. It recovered blood stained clothes and weapons of the offence at the instance of the accused persons and sent them for examination by the F.S.L. The autopsy on the body of Bhura and Ram Narain was conducted by Dr. Nirmal Kumar Sharma P.W. 18 and Dr. H. C. Bairwa P.W. 14. The injuries of Lal Chand were examined by Dr. B. C. Temani P.W. 15, who prepared the injury report Ex. P. 26. After the completion of the investigation, the police submitted a challan against Moti and Chittar only.

(3.) The case was committed to the Court of Session where vide order dated 22-7-1991, charges under S. 302 in the alternative 302/34, IPC and 307 in the alternative 307/34, IPC were framed. Both the accused pleaded not guilty. After the prosecution examined seven witnesses, an application was moved by the Public Prosecutor on 25-2-1992, requesting the impleadment of the accused persons who had been named in the FIR but not challaned by the police. The learned Sessions Judge vide order dated 30-3-1992, allowed the application and ordered the summoning of Ramsi, Ratan, Chhagan, Jaggu and Lala by bailable warrants for the offences under S. 302/149, 307/149 and 148, IPC.