CHANDRABHAN @ RAMCHANDER & ORS. Vs. STATE OF RAJ.

JUDGEMENT

(1.) The three appellants namely Chanderbhan @ Ramchander, Rameshwar and Mukut Behari were indicted for having committed murder of Prabhulal before the learned Sessions Judge, Kota in Sessions Case No. 15/95. They were found guilty, convicted and sentenced vide judgment dated June 5, 1999 as under - <FRM>JUDGEMENT_125_LAWS(RAJ)5_2002_1.html</FRM> Both the sentences were directed to run concurrently.

(2.) As per the prosecution story, on Sept. 28, 1994 'Parcha Bayan' of Gordhan (PW-13) was recorded around 11.45 a.m. It was interalia stated by Gordhan in the said 'Parcha Bayan' that while he and his brother Prabhulal were cultivated their field at about 10.00 a.m., Chanderbhan @ Ramchander, Mukut, Rameshwar, Ramswaroop, Ramniwas, Dhanna S/o Janki Lal, Bachhraj S/o Prahlad, Latoor, Papoo, Jankilal armed with Lathies, Gandasies and Dharias came over there and made assault on them. They started inflicting injuries on the person of Prabhulal with Dharia, Gandasi and lathies indiscriminately. Chanderbhan inflicted Dharia blow on his foot, Mukut inflicted Dharia blow on his left hip and Rameshwar inflicted Gandasi blow again on his foot and Prabhulal succumbed to the injuries. Moolchand when implores them not to kill Prabhulal, he was threatened and chased. This incident had been witnessed by Nandkishore, Dhannalal & Mahaveer. Dead body of Prabhulal was lying at the spot. Police Station Budhadeet, Distt. Kota registered F.I.R. No. 165/94 under sections 302, 307, 147, 148, 149, 323, 324 & 447 of the Penal Code and investigation commenced. Site was inspected. Inquest Report was drawn. Statements of witnesses under Sec. 161 Cr.RC. were recorded. Accused persons were arrested and at their instance, weapons allegedly used in committing the crime were seized. Post- mortem on the dead body of Prabhulal was conducted. Injury sustained by Gordhan were examined and on completion of the investigation, charge-sheet was laid. In due course, the case came up for trial before the learned Sessions Judge, Kota, Charges under Sec. 447, 148, 324, 324/149, 302, 302/149 Penal Code were read over to the accused. They denied the charges and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. In the statements recorded under Sec. 313 Crimial P.C., the accused persons pleaded innocence. Three defence witnesses were examined by the accused persons. The learned trial Judge on hearing the final submissions, convicted the three appellants Chanderbhan @ Ramchander, Rameshwar & Mukut as indicated here-in- above and acquitted the other accused persons namely Jankilal, Ramniwas, Shravanlal, Dhannalal, Bachhraj, Papoo and Latoor.

(3.) At the outset, it may be noticed that the case of the prosecution rests on the sole testimony of Gordhan (PW- 13), who is the real brother of the deceased Prabhulal and sustained injuries at the time of incident.