HAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants were indicted in Sessions Case No. 63/1992 before the learned Additional Sessions Judge Behror, Distt. THE learned Additional Sessions Judge Behror, Distt. Alwar. THEy were found guilty, convicted and sentenced as under : 1. Har Lal u/s. 148 IPC One year R. I. and a fine of Rs. 500 (in default to further undergo one month S. I. u/s. 307 IPC 7 Years R. I. and a fine of Rs. 500 (in default to further undergo 3 months S. I.) u/s. 324 IPC One Year R. I. and a fine of Rs. 100/- (in default to further undergo 1 month S. I.) u/s. 302 r/w 149 IPC Life Imprisonment and a fine of Rs. 1000/- (in default to further undergo 6 months S. I. u/s. 323/149 IPC 6 months R. I. and a fine of Rs. 100/- (in default to further undergo 15 days S. I.) 2 Yadram u/s. 148 IPC One year R. I. fine of Rs. 500 (in default to further one month S. I. u/s. 324 IPC One Year R. I. and a fine of Rs. 100 (in default to further undergo one month S. I.) u/s. 302 r/w 149 IPC Life Imprisonment and a fine of Rs. 1000/- (in default to further undergo 6 months S. I. u/s. 307 IPC 7 years R. I. and a fine of Rs. 500 (in default to further undergo 3 months S. I.) u/s. 323/ 149 IPC 6 months R. I. and a fine of Rs. 100/- (in default to further undergo 15 days S. I.) 3 Chander u/s. 148 IPC One year R. I. and a fine of Rs. 500 (in default to further undergo one month S. I. u/s. 302 IPC Life Imprisonment and a fine of Rs. 1000/- (in default to further undergo 6 months S. I.) S. 307 r/w 149 IPC 7 Years R. I. and a fine of Rs. 500 (in default to further undergo 3 months S. I.) u/s. 324 r/w 149 IPC One Year R. I. and a fine of Rs. 100/- (in default to further undergo 1 month S. I.) u/s. 323/ 149 IPC 6 months R. I. and a fine of Rs. 100/- (in default to further undergo 15 days S. I.) 4 5. 6. Babu Chhotu Singha- u/s. 148 IPC One year R. I. and a fine of Rs. 500 (in default to further undergo one month S. I.) u/s. 323 IPC 6 months R. I. and a fine of Rs. 100/- (in default to further undergo 15 days S. I.) u/s. 302 r/w 149 IPC Life Imprisonment and a fine of Rs. 1000/- (in default to further undergo 6 months S. I. u/s. 307/ r/w 149 IPC 7 Years R. I. and a fine of Rs. 500 (in default to further undergo 3 months S. I.) u/s. 324 r/w 149 IPC One Year R. I. and a fine of Rs. 100/- (in default to further undergo month S. I.) All the aforesaid sentences were directed to run concurrently.

(2.) AGAINST this judgment of conviction and sentence that the present action for filing the appeal has been resorted to by the appellants.

(3.) IN the light of the above facts we have considered the submissions advanced by the learned counsel for the parties. Evidently deceased Shanker and injured Bhagwana were medically examined before the institution of report Ex. P. 1. According to Dr. R. S. Gaur (PW. 14) he had drawn the injury reports Ex. P. 22 and Ex. P. 23 in the wee hours (at 3. 30 a. m. and 4 a. m.) of Sept. 13, 1987 on the request of Police Station Bansur but Om Prakash ASI (PW. 18) of Police Station Bansur stated that he received the information of the incident for the first time at 2. 15 p. m. on Sept. 13, 1987 and after he reached to BDM Hospital Kotputli, a written report (Ex. P. 1) was handed over to him at 4. 15 p. m. by Bhagwana. His request for medical examination of the injured was turned down by the doctor on the ground that they had already been examined. From the statement of Dr. R. S. Gaur (PW. 14) it is established that somebody from Police Station Bansur had reached at BDM Hospital in the wee hours of Sept. 13, 1987 and made a request to examine the injuries sustained by Shanker and Bhagwana. The story brought forward by the prosecution through the statement of Om Prakash ASI (PW. 18) appears to be suspicious. The prosecution has deliberately withheld this fact as to what was the information received at the Police Station Bansur and on whose request Dr. R. S. Gaur examined the injuries of Shanker and Bhagwana in the wee hours of Sept. 13, 1987. Evidently the written report Ex. P. 1 is a post investigative document. It was handed over to ASI Om Prakash at 4. 15 P. M. on Sept. 13, 1987 i. e. after more than twelve hours of the medical examination of the injuries of Bhagwana and Shanker. Under such circumstances possibility of over implication of the accused cannot be ruled out. Prosecution witnesses Phoolya (PW. 3) Leela Ram (PW. 4) Bhuri Devi (PW. 5), Devi Sahay (PW. 6) and Nanchoo (PW. 12) were not named in the FIR. As already discussed, their testimony is not only so riddled with infirmities that it is not possible to place reliance on the same, but also those infirmities cast a cloud of suspicion on the credibility of the entire warp and woof of the prosecution story.