LAL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals are directed against the common judgement passed by the Court of Sessions, Bundi dated 23.5.2005 whereby accused-appellants were convicted and sentenced in the manner as indicated hereinbelow:

(2.) A 'parcha bayan' (Ex.P4) of Shanti Bai, PW-3 was recorded in the Government Hospital, Bundi at 9.30 PM on 17.10.2002 by Ram Pratap, PW-25. In the 'parcha bayan', the complainant Shanti Bai stated that on the date of occurrence at about 6.00 PM she, along with her daughters Santosh and Manbhari were working at the field. Lalu along with one person were sitting beneath the neem tree. At that time Champa Lal and one person belonging to Mehtar caste came there on a motor cycle. Lalu and Champa Lal were talking to them. It was mentioned that in the meantime the accused persons namely Laxman Singh, Manglya, Bhuriya, Ranjeet Singh, Guddu, Dev Lal, Kishan Lal, Kishore, Mohan, Babu Mohan Bhuriya S/o Rama, Bhuriya S/o Madho, Lal Chand, Gordhan and Mohan along with 5-6 other persons came there with 'lathis', 'gandasi', sword and gun at their field for giving beating to them. It was mentioned that after arrival, Mohan son of Omkar opened fire from the gun on Lalu, Lalu came running towards her and fell down on the ground. After that Bhuriya son of Gomda, Manglya and Kishore started giving beating by 'gandasi' and 'lakri'. Mohan S/o Omkar, Laxman Singh, Ranjeet Singh, Guddu, Dev Lal, Prabhu Lal Chand and Mohan S/o Rama delaboured her husband Nanda by 'lakri' and 'gandasi'. Laxman Singh, Dev Lal, Kishan Lal, Babu, Mohan S/o Rama, Bhuriya S/o Rama, Bhuriya S/o Madho and Lal Chand inflicted blows by 'lakri' and 'gandasi' on one boy who was with Lalu due to which he sustained injuries on head, hands, legs and other parts of the body and he succumbed. It was mentioned by the complainant that on her person Laxman Singh inflicted blow by 'lakri', Bhuriya inflicted blows with reverse side of the 'gandasi' on hands and shoulder, Ranjeet inflicted 'lakri' blow on right shoulder and Manglya inflicted blow with reverse side of 'gandasi'. It was mentioned that Bhuriya S/o Gomda, Kishore, Manglya, Gordhan and Dev Lal had 'gandasi', rest had 'lakri' and Gophiya and one stranger person had sword. It was mentioned that after death of Nanda, Lalu and another person, the dead bodies were carried in the bullock cart of Babu S/o Rama Mali and thrown near gaushala. It was then mentioned that Lalu had Rs. 2000.00 with him, which was taken out from his pocket by Bhuria and Manglya Mali. The incident was witnessed by Champa Mali and one person belonging to Mehtar caste. There was old enmity in relation to the land due to which the occurrence took place and her husband Nanda, son Lalu and one another boy were killed. On the basis of this 'parcha bayan', the police registered a case vide FIR No.348/2002 at Police Station Dablana for offence u/s. 147, 148, 302, 323, 404, 447 and 325/149 of Penal Code and under Sec. 3 of the SC/ST (Prevention of Atrocities) Act and under Sec. 3/25 of the Arms Act and commenced investigation.

(3.) While sixteen accused were named in the FIR, allegation was also made against some unknown persons. The Investigating Officer after investigation filed challan against twenty accused persons before the court of concerned Magistrate, who committed the case for trial before the Court of Sessions. The learned trial court framed charges against the accused-appellants u/s. 302/149, 147, 148, 447, 201, 323, 325, 404 and 3/25 of Penal Code and Sec. 3(2)(5) of the SC/ST (Prevention of Atrocities) Act. The prosecution examined as many as 39 witnesses and exhibited 132 documents, whereas the defence produced 27 witnesses in support of its case and exhibited 15 documents. The accused-appellants in the statement u/s. 313 of Crimial P.C. denied the charges and claimed to be tried. The learned trial court after conclusion of the trial, convicted 8 accused, who were appellants in these appeals and acquitted remaining 12. Aggrieved thereby, these three appeals have been filed challenging the conviction before this Court. A revision petition has also been filed by complainant Shanti Bai against the order of acquittal. It is at the outset informed that accused-appellant Guddu @ Gajraj Singh had died during the pendency of this appeal, therefore, the appeal no.586/2005 to the extent of this appellant stands abetted.