MANGU NATH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the Judgment dated 30.10.96 passed by learned Addl. Sessions Judge No. 1, Bhilwara convicting the appellant Balunath for the offence under Sec. 302 Penal Code and rest of the accused appellants i.e. Mangu Nath, Raju Nath, Mohan Nath, Gang Nath and Badu Nath @ Madhu Nath of offence under Sec. 302/149 Penal Code and sentenced them to imprisonment for life and to pay each of them fine of Rs. 500.00 and in default of payment to further undergo six months rigorous imprisonment. The appellants have also been convicted under Secs. 307, 148 and 147 IPC. They have also been convicted of offences under Secs. 325, 323 and 341 IPC. No separate sentence have been awarded for the said offence.

(2.) The prosecution case as disclosed during the trial is that there is a joint well owned by five sharers. Accused appellant Mangu Nath S/o complainant party comprising of Mangu Nath, Hazari Nath, and Mohan Nath are also sharers There were other sharers also. It is the prosecution case that accused party of Marigu Nath S/o Daya Ram Nath used to draw water from the well by means of removable motor and the complainant party by means of Persian wheel. The further case of the prosecution is that the Motor while lying inside the well used to cause hindrances in drawing water by the complainant party as the well was narrow and the Persian wheel could cause damage to the motor, therefore, whenever there was the turn of drawing water by the complainant party, they used to remove the motor and draw the water. On the date of the incident, the turn of drawing the water was of the complainant party and they removed the motor and were drawing the water, it is alleged that at that time, appellants arrived with sticks and caused injuries to Hazari Nath, Mangu Nath and Mohan Nath. Hazari Nath succumbed to injuries. The information of incident was lodged by PW-15 Shankar Nath at P.S. Raipur, on which a case was registered for the offence under Sec, 302 and 307 IPC. After usual investigation, police laid charge-sheet against the appellants for the aforesaid offences.

(3.) The accused persons denied all the charges levelled against them and claimed trial. The prosecution in support of its case, examined as many as 21 witnesses and produced certain appellants in their statements under Sec. 313 Crimial P.C. denied the correctness of the prosecution evidence appearing against them. The trial court rejected the evidence with regard to recovery of weapon of offence as the prosecution failed to produce report of F.S.L. with respect to the presence of blood on the weapon of offence. However, learned Trail Judge relying on the testimony of eye witnesses PW-1 Nandlal, PW-2 Mangu Nath, PW-6 Samundra Nath and PW-16 Ladu Nath, found the prosecution case proved. The learned Judge accordingly, convicted and sentenced the appellants as noticed above.