JAGDISH PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AS many as 19 accused persons including the appellants Jagdish Prasad and Banwari son of Ram Karan were indicted before the learned Additional Sessions Judge No. 3 Kota for the murder of Banwari son of Dev lal Gujar in Sessions Case No. 56 of 1993. Accused appellants Jagdish Prasad and Banwari son of Ram Karan were found guilty, convicted and sentenced as under- Jagdish Prasad u/sec. 302 IPC Imprisonment for life and fine of Rs. 1000/- u/s. 5/27 Indian Arms Act One Year RI and fine of Rs. 100/- (in default to further undergo 3 months SI) Banwari S/o Ram Karan u/s. 307 IPC Four years RI and fine of Rs. 100/- (in default to further undergo 3 months SI) Being aggrieved by the judgment dated August 8, 1996 accused jagdish Prasad and Banwari son of Ram Karan have preferred instant Criminal Appeal No. 476/96. Learned trial judge vide the said judgment acquitted co-accused Ram Swaroop, Laxmi Narain, Roop Narain, Om Prakash, Radhey Shyam, Badri Lal, Chandra Prakash, Ramesh, Jawahar lal, Nandji, Satya Narayan, Shrilal, Klanhaiya Lal, Subhash, Bhanwarji, Murli, Ram Karan and Uttam. The State of Rajasthan assailed the judgment of acquittal by filling criminal leave to appeal. This Court vide order dated September 16, 1997 granted leave only to the extent of findings in respect of co-accused Ram Swaroop, Banwari Lal and Jagdish and directed to consolidate both the appeals.

(2.) THE prosecution case as made out at the trial is as under- Parcha Bayan (Ex. P. 1) of Shankar Lal (PW. 2) was recorded by ASI Jagdish Lal (PW. 22) on February 23, 1993 at 11. 40 a. m. in the M. B. S. Hospital Kota, wherein Shankar Lal stated that on February 22, in the evening when he and Ramesh Gujar had gone to his field, accused Jagdish met them having axe in his hand. He abused them and went back to the village. After some time he alongwith Banwari son of Ram Karan, Subhash, Uttam and Roop Narain came there around with sticks and Gandasas. Jagdish was armed with Double Barrel Gun. Seeing all of them, Shankar Lal and Ramesh were frightened and came back to their village and narrated the incident to their kith and kins. He could not lodge the report in the night. Shanker Lal in his Parcha Bayan further averred that on February 23, 1993 around 7 a. m. when he came out of his house in order to go to the Police Station, Jagdish threw him a challenge to settle the score. In the meanwhile as many as 18 persons named in Parcha Bayan gathered from the neighbourhood. Jagdish was armed with Double Barrel Gun whereas Ram Swaroop was having Single Barrel Gun, others were armed with Dhariyas and Gandasis. All of them gave threatening to Kill Shankar Lal and his colleagues. Hearing Shankar Lal's hue and cry, Banwari son of Deva (since deceased) Ramesh and Chanda Lal came rushing. Jagdish then said, `wait let me terminate you'. He aimed DBBL Gun and shot at Banwari s/o Deva. THE fire hit at his chest and Banwari fell down. THEreafter Banwari son of Ram Karan snatched the Gun from Jagdish and opened fire at Ramesh which hit at his stomach. Ram Swaroop also opened fire with his gun, that hit Ramesh and the shoe of Chanda. Other persons had pelted stones. This incident had been witnessed by Dev Krishna, Bhanwar lal, Keshri Lal and many other villagers. Banwari son of Deva and Ramesh were taken to Hospital at Kota, where Banwari died and Ramesh was admitted.

(3.) AFTER having been taken through the evidence on record we have come to the conclusion that the superstructure of the prosecution case is basis on central evidence consisting of seven eye witnesses namely Shanker Lal (PW. 2), Dev Kishan (PW. 3), Ramesh Chand (PW. 4) Bhanwar Lal (PW. 5) Chanda Lal (PW. 6) Kastoora (PW. 7) and Ramesh Gujar (PW. 9 ). This evidence is sought to be corroborated by Medical jurist Dr. R. K. Sharma (PW. 18) and investigating officer Guru Bachan Singh (PW. 20) who recovered DBBL Gun at the instance of accused Jagdish.