BHERULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This judgment decides above referred to Criminal Appeal and Criminal Revision Petition. Criminal appeal has been preferred by accusedappellants, namely, Bherulal and Hemraj, against judgment dated 05.03.2003 of learned Additional Sessions Judge (Fast Track) No.1, Kota, whereby they have been convicted for offence under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs.2000/- each; in default of payment thereof, they were to further undergo imprisonment for one year. Complainant has preferred revision petition against acquittal of accused-respondent Purushottam and Kanhaiyalal vide aforesaid judgment.

(2.) Facts giving rise to criminal appeal are that a written report was submitted by one Jagdish Prasad on 21.12.1998 to Station House Officer, Police Station Railway Colony, Kota, alleging therein that his uncles, namely, Shrawanlal, Mahaveer, Jagdish, Pushpkant and Babulal were, at about 1-11/2 PM, standing on their agriculture field. Accused party, comprising of 10-12 males and 3-4 females came there armed with swords and 'gandasi' and they dared his uncles to leave at once stating that agriculture field belongs to them or else they would be cut into pieces. Accused Behrulal, who was armed with sword, inflicted a sword blow on head of his uncle Shrawanlal, as a result of which he fell down on the ground. Then, Behrulal caused some more blows by sword to him. Accused Hemraj inflicted 'gandasi' blows on person of Shrawanlal, while he (Shrawanlal) lay on the ground. Shrawanlal died on spot. Accused Purushottam had 'kulhari', who thereby caused injuries on person of informant Jagdish and Bherulal inflicted blows on his uncle. Deendayal also inflicted blows of stick ('lakdi') on head and other parts of his body. Kanhaiyalal had 'gandasi', and he inflicted injures from reverse side thereof. Nawal caused injuries by 'dharia' on the person of his uncle. Manju and Gulab, females members, pelted stones at his uncle. Blood was oozing out of body of his uncle, as a result of which he died. Three females, who were wives of accused, had muffled their faces with scarf, therefore, they could not be immediately identified. Hemraj caused a severe injury by use of 'gandasi' from its reverse side on leg of his uncle Mahaveer, leading to fracture of his leg and his head was also burst. Informant further alleged that while his one uncle died, another uncle fled from there to save his life. Bherulal, Hemraj, Purushottam and Kanhaiyalal were also named as accused and for two of accused, it was stated that they could not be identified. It was therefore prayed that action be taken against culprit. Police after investigation filed challan against four accused, which included present appellants Behrulal and Hemraj and two co-accused, Purushottam and Kanhaiyalal, who have been acquitted. Learned Additional Sessions Judge framed charges against present accused-appellants and two co-accused for offence under Sections 302, 307, 325, 323 read with Section 34 of the IPC, to which they pleaded not guilty and claimed to be tried.

(3.) Prosecution examined as many as 22 witnesses and got 40 documents exhibited, whereas defence did not examine any witness, though got five documents exhibited in defence. Learned trial court after completion of trial convicted and sentenced present accused-appellants as indicated above, and acquitted co-accused Purushottam and Kanhaiyalal.