MUNNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused appellants have challenged the judgment of the trial Court whereby they have been convicted and sentenced as under :- @@ (See Table below) Munna @ Munnalal U/s. 302, IPC Life Imprisonment with a fine of Rs. 5,000/- (in default further 2 years' RI) U/s. 120-B r.w. 302, IPC -do- Balak Dass U/s. 302/34, IPC Life Imprisonment with a fine of Rs. 5,000/- (in default further 2 years' RI) U/s. 120-B r.w. 302, IPC -do- Jagdish and Damodar U/s. 120-B r. w. 302, IPC Life Imprisonment with a fine of Rs. 5,000/-(in default further 2 years' RI) @@

(2.) Brief and undisputed facts out of which prosecution of the appellants arises are that a Parcha Bayan (Ex. P-20) of Shiv Prasad (P.W. 15) was recorded on 18-10-90 at 1 p.m. by the SHO P. S. Pushkar (Ajmer) to the effect that his Guru Ramratan Giri went to get his cycle mended but when he did not return for sometime he went to search him, and when they were returning on the cycle and were near the Animal Hospital, they saw a Station Wagon No. RSL 5253 coming rashly so his Guru asked him to get down from the cycle and he turned it towards the Ramdeoji temple and then saw the Wagon being driven by Munna duly accompanied by Damodar and Balak Dass. It has also been stated that at that time Balakdass instructed Munna to crush Ramratan (cyclist) thereupon Munna (Wagon driver) rashly turned the Wagon towards temple resulting into crushing Ramratan Guruji with dragging for about 15-20 ft. and at the same time, Jaggdish (accused) did also come on scooter and he made rounds on scooter nearby the body of Ramratan Guruji so also saying that the work has been done and then all of them ran away.

(3.) Upon this Parcha Bayan, Crime No. 130/90 was registered at P. S. Pushkar for offences punishable u/Ss. 307/341, I.P.C. The investigation commenced. However on 18-10-90 Ramratan succumbed to his injuries in the hospital and therefore post mortem examination on his person was conducted by Dr P. K. Saraswat Medical Jurist JLN Hospital Ajmer who gave autopsy report (Ex. P-17). Since Ramratan (injured) died therefore the case was converted into for commission of offence u/S. 302/34, I.P.C. After completion of investigation the charge-sheet was produced against the accused appellants for offences punishable u/S. 302 read with Section 120-B, I.P.C. and the case was committed to the Court of Sessions. The learned trial Judge framed charges for offences against accused Munna u/Ss. 302, 302/120-B, I.P.C., Balakdass u/Ss. 302/34, 302/120B, 302/114, I.P.C. Jagdish u/Ss. 302/34, 302/120-B, I.P.C. and Damodar Prasad u/Ss. 302/34 and 302/120B, I.P.C. to which the appellants pleaded not guilty and claimed trial. In support of its case the prosecution examined as many as 17 witnesses and exhibited 26 documents (Ex. P-1 to P-26). The accused appellants were examined u/S. 313, Cr. P. C. and they produced three witnesses in defence and got five documents exhibited (Exs. D-1 to D-5). After hearing the learned counsel for the parties, the learned trial Court convicted and sentenced the accused appellants as indicated above. Hence this appeal.