PRABHU LAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal filed by the appellants-original accused namely, (1) Prabhu Lal son of Shri Dhuli Lal; (2) Biram son of Shri Dhuli Lal; (3) Ram Singh son of Shri Dhuli Lal and (4) Manohar son of Shri Duli Chand under Section 374(2) of Cr.P.C. arises out of the judgment and order dated 29.05.2003 passed by the Additional Sessions Judge (Fast Track) Court No.4, Jhalawar Camp At Aklera District Jhalwar (hereinafter referred to as 'the trial court') in Sessions Case No.49/2003, whereby the trial court has convicted the appellants-accused for the offence under Section 302 read with 34 of IPC and sentenced them to undergo life imprisonment and pay fine of Rs.1,000/- each, in default thereof to undergo further imprisonment for a period of 1 year, and also convicted them for the offence under Section 324 read with 34 of IPC and undergo rigorous imprisonment for a period of 1 year and pay fine of Rs.500/- each, in default thereof to further undergo imprisonment for a period of 3 months.

(2.) As per the case of the prosecution, an F.I.R. being No.130/02 (Exhibit P-3) came to be registered at Police Station Jhawar, District Jhalawar, against all the four appellants-accused for the offences under Sections 302, 323 read with 34 of IPC at about 09:30 p.m. on 22.09.2002, on the basis of the complaint lodged by the complainant Shri Parmal Singh son of Mathura Lal Bheel, for the incident said to have taken place at about 07:00 p.m. on the same day i.e. 22.09.2002. It was alleged by the complainant interalia that at about 07:00 p.m. his brother Mor Singh and his nephew Ram Vilas were going towards their field, and he and Bhuri Bai were also walking behind them for going to the field. When they crossed the bridge one Prabhu Lal, Ram Vilas, Biram and Manohar came running from their field on the road. Thereafter Prabhu Lal and Ram Singh caught hold of Mor Singh, and Manohar and Biram caught hold of Ram Vilas. Then they all the four took the said Mor Singh and Ram Vilas to their field, where Prabhu Lal and Ram Singh assaulted Mor Singh by giving a blow with 'gandasia' on his head and thereafter Manohar and Biram also started beating Mor Singh and Ram Vilas with 'gandasia'. When the complainant and Bhuri Bai went to rescue them, Ram Singh also gave him a blow with 'gandasi', and then all the four ran away from their field.

(3.) The Investigating Officer after carrying out the investigation, submitted the charge sheet against all the appellants-accused for the offences under Sections 307, 323, 324, 302 read with 34 of IPC in the Court of Judicial Magistrate Aklera, who committed the case to the trial court for trial. The trial court after framing the charge against all the accused, proceeded further with the trial, wherein the prosecution led oral evidence by examining as many as 12 witnesses and also adduced documentary evidence in support of its case. On the completion of the evidence of the prosecution, the statements of the appellants-accused were recorded under Section 313 of Cr.P.C., wherein they denied the allegations levelled against them and claimed to be innocent. The trial court after appreciating the evidence on record and hearing the learned counsels for the parties convicted and sentenced the appellants-accused by the impugned judgment as stated hereinabove.