BHANWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal arises out of judgment of the Additional Sessions Judge Kishangarh whereby each of the appellants (Bhanwari, Harji, & Goma) has been convicted and sentenced U/s. 147 IPC to undergo two years RI, and U/s. 302/149 IPC to undergo life imprisonment with a fine of Rs. 1000/- (in default, further 6 months' RI ).

(2.) THE prosecution launched against the appellants has resulted out of a report (Exp10) lodged on 25. 7. 99 at PS Arai (Ajmer) by Ranglal (PW8) alleging therein that his mother Chandri had gone to look after their agricultural field as usual while he had gone to attend meeting of Gram Panchayat and when he returned back in the evening at about 5 PM then Kalu (PW 4) gave out that Chandri was dragged and thrown into well by Bhanwari, Harji, Gheesa Bhagchand, Goma alongwith their wives, Teju & Amra, by forming an unlawful assembly having common intention at about 3. 30 PM. On such a report crime (FIR No. 106/99 Exp11) was registered for offence punishable U/ss. 147, 149 and 302 IPC. After usual investigation a challan was filed against the appellants and the investigation was kept pending U/s. 173 (8) Cr. P. C. to which case was committed by the learned Additional Judl. Magistrate Kishangarh to the court of Sessions. THE appellants were charged for offences U/ss. 147 and 302 IPC. As many as 12 witnesses were produced by the prosecution in support of its case besides getting nine documents exhibited. THE appellants were examined U/s. 313 Cr. P. C. In defence they got exhibited statements recorded U/s. 161 Cr. P. C. of Kalu (Ex. D. 1), Bishanlal alias Kishanlal (PW6) (Ex. D. 2) & other documents. After completion of trial, hearing both the parties, the learned trial Court convicted & sentenced each of the appellants as indicated above. Hence this appeal.

(3.) LASTLY Shri Dhankhar contended hat significant aspect of the prosecution evidence there is neither corroboration to the testimony of sole eye witness (PW 4) by other's versions whereas their versions are contradictory to each others. Statements of the appellants u/s. 313 Cr. P. C. revealed a probable situation favouring with their innocence. Shri Dhankhar mainly cited decisions in G. B. Patel Vs. State of Maharashtra (1), Shrwan Singh vs. State of Punjab (2) and Mohd. Iqbal Shaikh vs. State of Maharashtra