POORAN & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Nine appellants Premchand, Lalla, Jagdish, Khubiram, Ram Narain, Pooran, Lichhman, Prahalad & Ramsahai were indicted before the learned Addl. Sessions Judge, No.1, Alwar in Sessions Case No. 66/1991 for having committed murder of Natha. The Addl. Sessions Judge, No.1, Alwar, vide its judgment dated 24.11.1995 found the appellants guilty and convicted and sentenced them as under:- <FRM>JUDGEMENT_150_LAWS(RAJ)4_2002_1.html</FRM> All the sentences were directed to run concurrently.

(2.) Against this judgment of conviction that the present action for filing the instant appeal has been resorted to by the appellants.

(3.) Investigation commenced on the basis of the written report (Ex.P/19) instituted on Aug. 6, 1991 with the P.S.D.A. Alwar by one Prabhati who was not an eye witness of the occurrence. It was interalia alleged in the FIR that the nine appellants armed with Pharsas and lathies inflicted blows on the person of Natha while he was going to the Court to attend the case pertaining to land in dispute. Leela was also with him, who also sustained injuries. Initially case under section 147, 149, 341, & 323 Penal Code was registered but after the death of Natha, it was converted under section 302 IPC. After completion of investigation, charge-sheet was laid. In due course the case came up for trial before learned Aditional Sessions Judge No.1, Alwar. Charges under section 148, 302 read with 149 and 323 were framed. The appellants denied the charges and claimed trial. The prosecution examined as many as 15 witnesses in support of its case. The appellants in their explanation under section 313 Cr.RC. claimed innocence. No defence witness was however examined. The learned trial court on hearing the final submissions, conviction and sentenced the appellants as indicated here-in-above. The prosecution case mainly rests on the testimony of alleged eye witnesses namely Ramkishore PW6 and Leela PW7.