VIMLESH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal stems from the judgment dated Aug. 31, 1996 passed by learned Special Judge, SC & ST (Prevention of Attrocities) Cases, Sawai Madhopur in Sessions Case No. 16/95/43 of 1995, whereby he convicted and sentence the appellants as under: <FRM>JUDGEMENT_161_LAWS(RAJ)4_2002_1.html</FRM> All the substantive sentences were directed to run concurrently.

(2.) The prosecution story is woven like this. On the basis of parcha bayan (Ex.R 7) of Chiranjilal (PW. 5) recorded on 8.12.1994 by Hari Singh (RW. 17) Sub Inspector, a case for offences under Sections 302, 241, 323 and 394 of the Penal Code came to be registered against the appellants and 3 other persons. A formal first information report (Ex.R 45) No. 135/1994 was registered and investigation commenced. The I.O. reached at the site and drew the site plan. Inquest report of the dead body of the deceased Bajaranga got prepared. Autopsy on the dead body of the deceased was conducted. Statements of witnesses under Sec. 161 Cr.RC. were recorded. The appellants and other three persons were arrested and on their instance the weapons allegedly used in commission of offence were got recovered. Blood stained clothes of the deceased as well as the blood smeared soil from the place of occurrence were also seized and sent for examination to Forensic Science Laboratory. On conclusion of the investigation a charge- sheet came to be filed. In due course the case came up for trial before the learned Special Judge, SC & ST (PA) Cases, Sawai Madhopur. The charges for offences under Sections 302, 307/34 and under Sections 307, 302/34 and 394 Penal Code were respectively framed against the appellants. The appellants denied the charges and claimed to be tried.

(3.) The allegations in the Parcha Bayan' against the appellants were that while Chiranji and his nephew Bajaranga were going to Phalodi factory for buying diesel, the appellants who were standing near the well belonging to Kalyan called them and asked as to where they were going. Chiranji, Bajaranga and the appellants then sat down and started puffing Bidis When Chiranji and Bajranga proceeded suddenly, younger brother of Ramjilal caught hold of Bajranga and had a scuffle with him. The said persons was armed with Katta (Country made gun). He put that Katta on the stomach of Bajranga and when Chiranji made an attempt to save Bajranga, Ramjilal inflicted an axe blow on his head as a result of which Chiranji fell down. In the meantime, brother of Ramjilal threw Katta and got an Axe and thereafter, inflicted an axe blow on the head of Bajranga as a result of which Bajranga became unconscious and fell down. Thereafter, Ramjilal removed Rs. 4,000.00 from the pocket of Chiranji. On hearing hue and cry of Chiranji, Kalyan, Kana son of Kesar Bairwa came there from the village side and they also started beating Chiranji and Bajranga. After sometime Ramjilal son of Sheonarain and Sheodan son of Radha Kishan came other there and on seeing them the appellants and above three persons fled away. Bajranga was taken to the hospital where he died.