KAMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) EIGHT appellants were placed on trial before the learned Additional Sessions Judge Deeg (Bharatpur) for having committed murder of Smt. Buddho in Sessions Case No. 118/94. The learned Judge vide judgment dated May 16, 1997 convicted and sentenced each of them as under - 1. Kamal 2. Ganga Sharan @ Sharan 3. Leele 4. Bhagwan Sahai @ Pappu 5. Harro u/sec. 147 IPc to suffer 6 months S. I. and fine of Rs. 100/- in default to further suffer 1 month S. I. u/sec. 341 IPc to suffer 3 months S. I. and fine of Rs. 100/- in default to further suffer one month S. I. u/sec. 148 IPc to suffer 6 months SI and fine of Rs. 100 in default to further suffer one month S. I. u/sec. 307/149 IPc to suffer 3 years SI and fine of Rs. 1000 in default to further suffer 6 months S. I. u/sec. 302/149 IPc to suffer imprisonment for life and fine of Rs. 1000 in default to further suffer six months S. I. 6. Mansho 7. Jawahar u/sec. 147 IPc to suffer 6 months S. I. and fine of Rs. 100/- in default to further suffer 1 month S. I. u/sec. 323 IPc to suffer 3 months SI and fine of Rs. 100/- in default to further suffer one month S. I. u/sec. 148 IPc to suffer 6 months SI and fine of Rs. 100/- in default to further suffer one month S. I. u/sec. 307/149 IPc to suffer 3 years SI and fine of Rs. 1000 in default to further suffer 6 months S. I. u/sec. 302 IPc to suffer imprisonment for life and fine of Rs. 1000 in default to further suffer six months S. I. 8. Harbhan u/sec. 147 IPc to suffer 6 months S. I. and fine of Rs. 100/- in default to further suffer 1 month S. I. u/sec. 323 IPc to suffer 4 months SI and fine of Rs. 100/- in default to further suffer one month S. I. u/sec. 148 IPc to suffer 6 months SI and fine of Rs. 100 in default to further suffer one month S. I. u/sec. 307 IPc to suffer 3 years SI and fine of Rs. 1000 in default to further suffer 6 months S. I. u/sec. 302/149 IPc to suffer imprisonment for life and fine of Rs. 1000 in default to further suffer six months S. I. u/sec. 341 IPc 3 months SI fine 100/- default one month S. I. All the sentences were ordered to run concurrently.

(2.) AS per the prosecution story, on June 7, 1994 around 6. 30 p. m. Jasmat @ Jarko was surrounded by the appellants on the way near `malin Ki Chaupal' and Kamal exhorted to kill him. Mansho, Jawahar and Harbhan had firearms, Harro, Leela and Bhagwan Sahai had Pharsas and Kamal and Sharan were armed with lathies. Hearing the shrieks of Jasmat Kanwar Singh, Vijay, Buddho (now deceased) Devla and Kundan rushed to save him. Finding Mansho, Jawahar and Harbhan about to fire at Jasmat, Buddho lay herself down on Jasmat in order to save him and in the process received gun shot injuries on her abdoman. When Kundan attempted to intervene, Harbhan opened fire at him. Harro and Leele inflicted Pharsa blows on the thigh of Buddho. Leele and Harro also gave Pharsa blows on the head of Vijay whereas Kamal and Sharan gave lathi blows on the person of Kunwar Singh and his father Devla. Buddho died on the way to the Hospital. A written report (Ex. P. 8) was submitted by Kunwar Singh to the SHO PS Kotwari Deeg on June 7, 1994 at 11. 30 p. m. and a case under Sections 147, 148, 149, 302, 307, 341, 323 IPC and 3/25 Arms Act was registered and investigation commenced. On completion of investigation chargesheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Deeg. Charges under Sections 147, 148, 323, 341, 307/149, 302/149 IPC were framed against Harro, Leele, Bhagwan Sahai, Ganga Sharan @ sharan and Kamal where as Mansho, Harbhan and Jawahar Singh were charged under Sections 147, 148, 323, 341, 302, 307/149 IPC. The appellants denied the charges and claimed trial. The prosecution in support of its case examined as many as 18 witnesses. In the explanation under Section 313 Cr. P. C. the appellants claimed innocence. No defence witness however was produced. Learned trial judge on hearing the final submissions convicted and sentenced the appellants as indicated above.

(3.) IN order to find out tenability of the rival submissions, we may now delve deep into the facts and circumstances of the case. Jasmat in his deposition stated that in the evening around 6-7 PM while he was on his way to visit the house of his uncle, Kamal, Harro, Mansho, Jawahar, Bhagwan Sahai, Leele, Harbhan and Sharan, who were standing near `malion Ki Chaupal' surrounded him. IN the cross examination he however deposed that he was only encircled by five persons, and three others namely, Mansho, Harbhan and Jawahar were standing at a distance of 10-12 ft. under a tin- shed. He also admitted that he had seen all the eight persons when they were five steps away from him. He also stated that in the afternoon of that day his cousin Ramesh informed him that buffalo of his uncle had some stomach trouble, therefore in order to enquire well being of buffalow, he proceeded towards his uncle's house. INvestigating Officer Ram Swaroop Yadav stated that the tin shed where the three accused armed with fire arms stood, was at a distance of 30-32 ft. from the place of incident. He further stated that Buddho had lost her life due to quarrel between the two groups. INvestigating Officer was not able to say as to what was the motive behind killing of Buddho. He further stated that when he went to the village he had heard that Jawahar was not involved in the incident. Witness Ramesh however stated that about 500 persons gathered at the place of incident.