GHANSHYAM & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Ghanshyam, Sahib Lal and Rampal, through this appeal under section 374 Crimial P.C. call in question the judgment dated 23.8.1995 of the learned Additional Sessions Judge Baran, convicting and sentencing each of them to undergo imprisonment for life and a fine of Rs. 100.00, in default, one month imprisonment under section 302 Penal Code and one year R.I. under section 323 IPC.

(2.) The brief facts of the case are these. Dhanna Lal lodged a report (Ex.P/12) on 8.9.1991, stating that as accused-Ghanshyam, Ram Pal and Sahib Lal did not allow Nemi Chand S/o Suraj Mal Meena to plough the field, Suraj Mal went there at about 1.30 p.m. and asked the accused persons as to why did they not allow his son to plough the land, whereupon the accused who were armed with axe, khutia and dharia caused multiple injuries to Suraj Mal causing his death. On this report, a case under sections 302 & 224 Penal Code was registered at Police Station Siswali. During investigation the police inspected the site, interrogated the witnesses and got the post-mortem of body of Suraj mal done by Dr. R.K. Saxena PW 4. After the completion of the investigation the police submitted a challan.

(3.) The learned Sessions Judge vide order dated 11.2.1992, framed charges under section 302, 323/324 Penal Code against all the three accused persons who pleaded not guilty. The prosecution examined as many as 20 witnesses, out of whom PW 1 Mahavir, PW 2 Hukam Chand, PW 3 Ram Gopal, PW 5 Jagannath, PW 6 Ram Prasad, PW 8 Badri Lal, PW 17 Ram Lal and PW 18 Banshi Lal are the motbirs, who were associated by the police during investigation. PW 4 Dr. RK. Saxena had performed autopsy on the body of Suraj Mal and had prepared the post-mortem report Ex.P/6 and also the injury report of Kanhaiyalal Ex.P/7 PW 11 Kanhaiyalal, PW 12 Chhotu Lal, PW 13 Radhey Shyam, PW 14 Bachhraj PW 15 the eye-witnesses. PW 7 had scribed the FIR Ex.P/12. PW 9 Dhanna Lal had produced the FIR at the Police Station. PW 19 Bhanwar Lal was examined to prove that the land of the accused persons was mortgaged to Suraj Mal-deceased. PW 20 Gopal Singh was the Investigating Officer. Accused in their statements under section 313 Crimial P.C. denied accusation. They did not examine any witness in defence.