STATE OF RAJASTHAN Vs. GOPAL

JUDGEMENT

(1.) THE appellants were the accused on the file of the learned Additional Session Judge Sambhar Lake, Distt. Jaipur bearing Sessions Case No. 45 of 1992. THEy were found guilty, convicted and sentenced as under: 1. Gopal u/sec. 147 IPC u/sec. 302 IPC u/s. 436/149 IPC Two years R. I. Sentence of death 10 years R. I. and fine of Rs. 10000 (in default to further undergo one year R. I. u/sec. 323 IPC One year R. I. u/s. 324/149 IPC Two years R. I. u/sec. 449 IPC Rigorous Life Imprisonment and fine Rs. 10000 in default to undergo one year R. I. u/sec. 395 IPC 10 year RI and fine of Rs. 10000/- (in default to undergo one year R. I. 2. Mool Chand @ Murli 3. Sagar S/o Rekharam 4. Rameshar S/o Bhuvana 5. Nivan Ram 6. Molak Ram u/sec. 147 IPC u/s. 302/149 IPC u/s. 436/149 IPC Two Year R. I. Rigorous Life Imprisonment 10 years R. I. and fine of Rs. 10,000 (in default to further undergo one year R. I. 7. Rameshwar S/o Mana Ram 8. Bhola Ram u/sec. 323 IPC u/s. 324/149 IPC One year R. I. Two years R. I. 9. Jodha Ram 10. Sheo Ram 11. Babulal 12. Hira Lal 13. Chhittar Mal u/sec. 449 IPC Rigorous Life Imprisonment and and fine Rs. 10,000 in default to undergo one year R. I. 14. Ram Chandra 15. Banna Ram 16. Nathu Ram 17. Bhanwar Lal 18. Dana Ram 19. Surja Ram 20. Prahlad 21. Nanu Ram 22. Sagar S/o Murli 23. Mohan 24. Asha Ram 25. Jagdish u/sec. 395 IPC 10 years R. I. and fine of rs. 10,000/- (in default to undergo one year R. I. All the sentences were directed to run concurrently but the sentences passed in default of making payment of fine were ordered to run one after the other. Accused Khinva Ram and Ladu Ram had died during the trial, therefore, proceedings against them were dropped. Proceedings against accused Sunda Ram being juvenile, were also dropped. Accused Rekha Ram, and Murli son of Sukhdev were acquitted of all the charges.

(2.) LEARNED Additional Sessions Judge Sambharlake made reference (bearing Death Reference No. 1/2000) under Section 366 Cr. P. C. for confirmation of death sentence awarded to accused appellant Gopal, who also assailed the findings of the learned Judge by preferring two appeals under Section 374 (2) Cr. P. C. bearing Nos. D. B. Cr. Jail Appeal No. 200/2000 and D. B. Cr. Appeal No. 186/2000. Other 24 appellants also preferred appeals bearing Nos. D. B. Criminal Appeal No. 187/2000 and 182/2000. Bhoma Ram S/o Ramu Ram who was appellant No. 5 in D. B. Criminal Appeal No. 187/2000 died on July 9, 2000 during the pendency of the appeal. LEARNED counsel Shri Biri Singh made an application to this effect along with the death certificate of Bhola Ram on March 28, 2001. We are satisfied that accused appellant Bhoma Ram son of Ramu Ram is dead, therefore, we drop the proceedings against him.

(3.) BEFORE dealing with the submissions advanced by the learned counsel for the appellants we would like to indicate the nature of the evidence led by the prosecution in support of the case. To begin with thee is a central evidence consisting of six eye- witnesses, Narain (PW. 1) Bhura (PW. 2) Smt. Santosh (PW. 3), Manohar (PW. 4), Nand Lal (PW. 5) and Smt. Bhagli (PW. 14), who were allegedly present near the place of occ- urrence. This evidence is sought to be corroborated by SHO Nath Mal Pareek (PW. 9) who recovered the weapons of offence at the instant of the accused appellants. Bhiwa Ram (PW. 7) Bholu Ram (PW. 8) and Sukh Ram (PW. 12) are motbirs of recoveries. Dharam Singh ACJM (PW. 17) conducted test identification parade of Golden Murkies.