RANVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Sessions Judge. Churu Bhadar Ram u/sec. 302/149, I.P.C. and has sentenced him to life imprisonment and to a fine of Rs.500/- and in default of payment of fine to undergo further one months R.I. and has also convictedhim u/sec. 148, I.P.C. and has sentenced him one years R.I. He has also convicted Ranjeet Singh,Omprakash, Mohar Singh s/o Jagram, Hetram and Chetram u/secs. 302/149 and 147. IP.C. U/sec.302/149, the accused appellants were sentenced to life imprisonment and to pay a fine of Rs.500/- and in default of payment of fine to undergo one months R.I. U/sec. 147 I.P.C. they were sentenced to six months R.I. and all the sentences awarded to the accused appellants were ordered to run concurrently.

(2.) Brief facts of the prosecution case are that on 24.9.1987 Mohar Singh at 5.30 a.m. accompanied with Ram Singh lodged a report at Police Station Taranagar with the allegation that on 23.9.1987 he and his brother Duniram had gone to field and while both were returning back on camel to the village at 8.30 in the night, Ranveer, Bhadar Ram, Hetram and Chetram came near them near Dheerwal. Out of these persons Bhadar Ram had Jei in his hand and rest had lathies. Bhadar Ram hit the camel by Jai and sat it down by holding reins. Thereafter all the four persons started beating his brother; his brother Duniram got down from camel and ran for about 50 paces there upon they caught hold him and gave him beating by lathies and Jei. Duniram tell down. When Mohar Singh reached near his brother, Ranveer slapped him and threatened him to go away otherwise he would also be treated in the same way. It was also alleged that Omprakash and Mohar Singh s/c Jagram armed with lathies were also there. Thereafter he came to the village on camel and narrated the story to his mother, Bhabhi and Guganram whereupon Guganram, Kanaram and Ramlal reached the place of occurrence and brought his brother in a cot and after sometime Duniram died. On this police registered a case u/secs. 147, 148, 149,302 and 323, I.P.C. and started investigation. Site plan Ex.P-2 and site description memo Ex.P-2A were prepared. P anchayatnama of the dead body was prepared as Ex.P-3. The dead body was sent for post mortem examination. Dr. S.S. Shekhawat, conducted the post mortem examination vide post mortem, report Ex.P-5. The accused appellants Ranveer Ranjeet Singh, Bhadar Ram, Hetram, Chetram, Om prakash and Mohar Singh ware arrested on 29.9.1987. Jei was recovered on 7.10.1987 at the instance of Bhadar Ram and lathies were recovered at the instance of rest of the accused appellants. On completion of usual investigation, police submitted a challan against the accused persons u/secs. 302,323,147, 148 and 149, I.P.C. before the learned Munsif and Judicial Magistrate, Taranagar who committed the case for trial to the court of Sessions Judge. The learned Sessions Judge framed charges against Omprakash and Mohar Singh u/sec. 148,302/148,304/114, I.P.C. and against accused persons Ranveer Ranjeet Singh, Bhadar Ram, Hetram and Chetram u/secs. 118, 302/149, I.P.C. and 302/34 I.P.C. The accused persons pleaded not guilty and claimed trial.

(3.) In support of its case the prosecution has examined 9 witnesses and filed 29 documents. The accused appellants in their statement u/sec. 313 have denied the charges and in defence one witness was examined. On conclusion of the trial the learned Sessions Judge found the case well established against the accused appellants and convicted and sentenced them as mentioned above; Hence the accused appellants have preferred this appeal.