BANSI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 12 accused persons were put to trial on the charge of murder of Mangilal and his wife Smt. Pyari Bai and also for causing injuries to PW-3 Ram Prasad and PW-1 Sushila Devi. The learned Additional Sessions Judge No. 2, Bhilwara by judgment dated 11. 9. 1996 convicted the appellants Bansi Lal, Bhanwar Lal, Madan Lal, Balu Ram all S/o Dhokal Chand, Rama @ Rameshwar S/o of Madan Lal and Ram Singh S/o Dulle Singh of offence under Section 302/149 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- each. They have also been convicted of offence under Section 458 and 148 IPC and sentenced to 4 years rigorous imprisonment and 2 years rigorous imprisonment for respective offences. all the sentences have been ordered to run concurrently. Rest of the six accused persons have been acquitted of the charges levelled against them.

(2.) THE appeal filed by the convicts has been registered as D. B. Criminal Appeal No. 533/1996. THE State appeal against the acquitted accused persons namely Chainaram @ Chunni Lal S/o Jeevan Ram Nayak, Gajanand @ Gajju @ Gajendra S/o of Chainaram, Mahendra S/o Ram Chandra, Ranjeet Singh S/o Shrichand Nayak, Nand Ram @ Nandu 2 Nand Lal s/o Kundan Ram Nayak and Dalla Singh S/o Bheem Singh has been registered as D. B. Criminal Appeal No. 192/1997. During the pendency of the State appeal, the second respondent Chainaram died and as such appeal against said respondent stand abated which has been recorded in our order dated 30. 11. 1999. Both the appeal are disposed of by common judgment.

(3.) WE have scanned, scrutinize and evaluated the prosecution evidence exhaustively and considered the rival contentions. Though, prosecution has examined as many as 35 witnesses but entire case rests of the testimony of three material eye witnesses namely PW-1 Smt. Sushila Devi, PW-2 Savitri and PW-3 Ram Prasad. PW-4 Bhanwar Lal who reached on the spot just after the incident witnesses accused persons, running away from the spot. The prosecution has also led evidence with respect to the recovery of weapon of offence from the possession of the appellants. The weapon of offence have not only been found stained with human blood but group of blood found on the weapon of offences, the cloths of the accused persons and of the deceased persons is of the same.