DINESH Vs. STATE OF RAJSTHAN

JUDGEMENT

(1.) THE judgment dated 21.01.03 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur in Sessions Case No.39/02 (36/02) State vs. Dinesh and another whereby the appellants have been convicted and sentenced as under is in challenge in this appeal:- Appellant No.1 Dinesh 1. For offence 302 IPC - Life imprisonment and fine of Rs.10,000/-. In default of payment 3 months further imprisonment. 2.For offence under section 324 - One year rigorous imprisonment and fine of Rs.3,000/-. In default of payment 15 days further imprisonment. Appellant No.2 Mahesh 1. For offence under section 302/34 IPC - Life imprisonment and fine of Rs.10,000/-. In default of payment further imprisonment of three months. 2.For offence under section 324/34 IPC - One year rigorous imprisonment and fine of Rs.1,000/-. In default of payment further imprisonment of 15 days.

(2.) BRIEFLY stated, the facts of the case are that Mohan Lal, son of Gendaram, submitted written report Ext.P6 before Ramsharan Lal, SHO Police Station, Bonli on 28.04.2002 alleging therein that while he and his family members were sleeping in his house, Dinesh and Mahesh, sons of Gopal, came to the residence of Teacher Hemraj at about 11.00 p.m. in the night and started banging on the doors, that on hearing the noise, Hemraj and his brother, Shanker, woke up and when Hemraj opened the door, they pulled him outside, where Mahesh caught hold of him, and Dinesh inflicted knife blows on the stomach and chest of Hemraj, and that when Prithviraj came out of his house, he was also caught hold of by Mahesh, and Dinesh tried to inflict a knife blow on his stomach, but Prithviraj managed to avoid it, as a result he received the knife blow on his left forearm, that other villagers also reached the spot, at which the accused persons ran away towards their houses, and that later on Gopal also reached there with other persons of the village. On the receipt of the above report, FIR No.60/02 for offences under sections 302, 307 and 34 I.P.C. was registered and investigation commenced. During the investigation, the police arrested the appellants and recorded their statements under section 27 Evidence Act leading to recovery of Lathi and Knife from them. The police also got injury and postmortem report Ext.P5 of deceased Hemraj and injury report of Prithviraj Ext.P4 prepared from the concerned Medical Officers. The police also recorded the statements of eye witnesses and other witnesses. Site plan was prepared and the sample of soil, knife recovered from accused Dinesh and clothes of the deceased were sent for chemical examination. On conclusion of the investigation, report under section 173 Cr.P.C. was submitted in the court of the Judicial Magistrate, Bonli who committed the appellants for standing trial before the Court of the Sessions, Sawai Madhopur. The case was transferred by the learned Sessions Judge, Sawai Madhopur for trial to the learned Special Judge Schedule Caste / Schedule Tribe (Prevention of Atrocities) Cases, Sawai Madhopur. Charges were framed against the appellants and they pleaded not guilty. The prosecution produced 20 witnesses and documents Ext.P1 to P33. The statements of the appellants, under section 313 Cr.P.C. were recorded. They did not produce any witness in defence but documents Ext.D1 to D14 were exhibited. After hearing the parties, the learned Trial Court convicted the appellants as detailed above.

(3.) THE learned Public Prosecutor has submitted that the prosecution has by cogent evidence established that the appellants committed murder of Hemraj.