LALA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been filed by the appellants-original accused under Section 374(2) of Cr.P.C. challenging the judgment and order dated 12.2.04 passed by the Addl. District & Sessions Judge (Fast Track), Chhabra, District Baran (hereinafter referred to as 'the trial court') in Sessions Case No. 60/02, whereby the trial court has convicted the appellants for the offences under Sections 148, 452, 302 read with Section 149 and 323 read with Section 149 of IPC, and sentenced them to undergo life imprisonment and to pay fine of Rs. 5,000/-, in default thereof to undergo rigorous imprisonment for a period of two years for the offence under Section 302 read with Section 149 of IPC; to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,000/- each and in default thereof to undergo rigorous imprisonment for a period of six months for the offence under Section 452 of IPC; to undergo rigorous imprisonment for a period of one year for the offence under Section 148 and for a period of six months for the offence under Section 323 read with Section 149 of IPC.

(2.) The short facts giving rise to the present appeal are that on the basis of the complaint lodged by one Shri Ghanshyam S/o Ganga Ram, an FIR being No. 45/02 was registered on 30.1.02 at the Police Station Chhipa Barod, District Baran against the present appellants and others for the offences under Sections 147,148, 149, 307, 323 and 452 of IPC. Since the injured Ganga Ram succumbed to the injuries, an offence under Section 302 of IPC was also added. After the completion of investigation, the Investigating Officer filed the charge-sheet against the appellants and five others for the alleged offences in the court of Judicial Magistrate, First Class, at Chhipa Barod, who committed the case to the Sessions Court, Baran for trial. It appears that out of the eight accused five accused were absconding and, therefore, the trial court framed the charges against the present three appellants for the offences under Sections 148, 452 and 302 of IPC, in the alternative for the offences under Section 302 read with Section 149; and under Section 323 and in the alternative under Section 323 read with Section 149 of IPC. The said charges were read over to the accused, however they denied the same and claimed to be tried. The prosecution to prove its case and the charges levelled against the appellants-accused led oral evidence by examining as many as 21 witnesses and also adduced documentary evidence. On the completion of the evidence of the prosecution, the further statements of the appellants-accused were recorded under Section 313 of Cr.P.C., wherein they denied allegations levelled against them and stated that they were falsely implicated in the case. The trial court after appreciating the evidence on record and hearing the learned counsels for the parties convicted and sentenced the appellants-accused as stated hereinabove vide the impugned judgment dated 12.2.04.

(3.) The case of the prosecution before the trial court was that on 30.1.02, the accused Bihari Lal, Lala Ram and Uda Lal alongwith 6 to 8 other persons came in the jeep at the house of the deceased Ganga Ram at about 12.00 to 1.00 A.M., when the deceased Ganga Ram and all his family members were sleeping in the corridor (osri) of his house. The accused Bihari Lal and Uda Lal were armed with sticks (lathis) and Lala Ram had iron tami with him. They entered the house of the deceased and started beating the deceased who was sleeping. When other family members tried to intervene, they were also beaten by the appellants with sticks and tami and other persons who were in the jeep pelted stones at them. The deceased Ganga Ram received fatal injuries on his head and also other injuries on the other parts of body. It was also further case of the prosecution that during the course of the said fight, PW 11, Hemi Bai, wife of the deceased, PW 8 Ghanshyam, son of the deceased, PW 14, Babulal, another son of the deceased, and PW 7 Sabu Bai, wife of Ghanshyam also received injuries. The complaint (Ex.P.13) was lodged by the son of the deceased Ghanshyam at about 6.15 A.M., on the basis of which the FIR (Ex. P.14) was registered at police station Chhipa Barod at about 7.00 A.M. on 30.1.02. It was further case of the prosecution that after the incident the said Ganga Ram was taken to the hospital at CHC, Chhipa Barod where he was treated by Dr. Ramesh Chand Meena, however the deceased succumbed to the said injuries. It was also the case of the prosecution that the accused Bihari Lal had married PW 5 Champi Bai, who was the daughter of the deceased and that the complainant Radheyshyam i.e. son of the deceased had married PW 19 Rukma Bai, who was the sister of the accused Bihari Lal. The accused Lala Ram was the maternal uncle (mama) of the accused Bihari Lal and the accused Uda Lal was the brother of the accused Lala Ram. As per the case of the prosecution, the said accused alongwith other 6 to 8 persons had come to the house of the deceased at the midnight hours armed with lathis and iron tami with the common object to show criminal force and commit criminal trespass, for the purpose of taking away the said Champi Bai, wife of the accused Bihari Lal, who was staying with her father i.e. the deceased since last more than one year. According to the case of the prosecution the accused had caused injuries to the said Ganga Ram, with the intention of causing his death or with the intention that such injuries were likely to cause his death and, therefore, all the accused had committed the alleged offences under Sections 148, 452, 302 read with Section 149 and 323 read with Section 149 of IPC. The defence which was sought to be put forth by the appellants-accused was that the accused had gone to the house of the deceased for taking Champi Bai, wife of the accused Bihari Lal, as the deceased was trying to get her married to some other person. According to the defence, the accused had not caused any injury to the deceased or any other persons of his family, but the deceased had received the injury as he fell down on the floor and hit with one stone.