MURARI LAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants were indicted before the learned Special Judge cum Additional Sessions Judge Dholpur in Sessions Case No. 21/90. They were found guilty, convicted and sentenced vide judgment dated Aug. 21, 1995 by the learned judge as under- <FRM>JUDGEMENT_142_LAWS(RAJ)8_2001_1.html</FRM> Against this judgment of conviction that the action for filing the instant appeal has been resorted to by the appellants.

(2.) The prosecution case is woven like this. Ram Naresh, Head Constable, who was incharge, Kolari Outpost, Police Station Sepau (P.W.13) when visited village Indoli in connection with some police investigation, Mahesh Chand (P.W.2) submitted a written report to him at 11.00 a.m. on Feb. 24, 1998 with the averments that m 8.00 a.m. he, Ram Singh, Prabhu Dayal, Ram Babu, and Naresh had cut the mustard crop and when they were in the process to carry the bundle of crop, Ram Singh, Nand Kishore, Murari Gyasiram, Jitendra, Sugar Singh @ Sughra, Badri Prasad, Lakho, Nahar Singh, Nawab Singh, Badri, Lalpati, Ramji, Chhitriya, Bejjo, Sukharam, Lakha, Umrao, Ram Khilari, Munshi and others armed with weapons surrounded and attacked them. Nand Kishore, Gyasiram and Murari inflicted lathi blows on Ram Singh. When Prabhu Dayal attempted to run towards village Nagriya, he was pushed down and all of them killed him by lathies and farsas and took away dead-body and pushed it in Rajju Ka Kuan of village Nagriya. The dead-body was lying in the well therefore legal action be taken. Ram Naresh handed over the said written report to constable Shiv Mangal Singh for taking it to Police Station Sepau. Raghu Veer Singh, SHO Police Station Sepau (P.W.16) on receipt of the written report at 1.30 p.m. registered criminal case No. 30/88 under Sections 147, 148, 149, 325 and 302 I.P.C. and the investigation commenced. The autopsy on the deadbody was conducted, inquest report and site plan were drawn, statements of the witnesses were recorded under sections 161 Cr.P.C.. and the accused were arrested. On conclusion of the investigation the investigating officer was of the view that 14 accused persons named in the F.I.R. were innocent and charge sheet was filed only against appellants Murari Lal, Sughra @ Sughar Singh, Badri s/o Shiv Singh, Badri s/o Bhagwan Singh and Munshilal. In due course the case came up for trial. Charges under sections 302, 201, 148, 323, 325 and 149 were framed. The appellants denied the charges and claimed trial. The prosecution examined as many as 16 witnesses. Thereafter the statements of the appellants under section 313 Cr.P.C.. were recorded. The appellants denied the allegations and pleaded that they were falsely implicated on account of enmity. However no evidence in defence was adduced. The learned trial court after hearing final submissions convicted, and sentenced the appellants as indicated hereinabove.

(3.) With the assistance of the learned counsel for the parties we have closely scanned the record. The prosecution examined as many as 16 eye witnesses of the incident. Out of which Chhiddu (P.W.3), Fajju (P.W.4), Sunder Singh (P.W.5), Ramjilal (P.W.6), Bhuri Singh (P.W.8), Har Bilash (P.W.9), Niroti Lal (P.W.10), and Ram Vilash (P.W.12) did not support the prosecution case and were declared hostile. The learned trial judge convicted the appellants on the basis of testimony of Mahesh Chand (P.W.2), Naresh Kumar (P.W.7), Rambabu (P.W.11), Ramesh Chand (P.W.15), and Ram Singh (P.W.14). Ram Singh (P.W.14) is the injured eye witness, whereas other witnesses did not sustain any injury.