BHERU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HON'ble SHIV KUMAR SHARMA, J.-The appellants five in number along with co-accused Badam Bai and Tara Bai were indicted before the learned Additional Sessions Judge (Fast Track) No. 1, Jhalawar for having committed murder of Balkishan and Shyamlal in Sessions Case No. 288/2001. The learned Judge vide judgment dated November 8, 2001 convicted and sentenced the appellants as under : Bheru Lal & Girraj: U/s. 302 IPc Life Imprisonment with fine of Rs. 500/- each. U/s. 148 IPc Rigorous Imprisonment form three years and fine of Rs. 100/- each. U/s. 435 or 435/149 IPC: To suffer Rigorous Imprisonment four years and fine of Rs. 150/- each. U/s. 436 or 436/149 IPC: To suffer Rigorous imprisonment five years and fine of Rs. 250/- each. In default of total amount of fine i. e. Rs. 1000/- each to further suffer simple imprisonment for three months. Kailash Chandra, Purshottam & Gopal: + U/s. 302/149 IPc Life Imprisonment with fine of Rs. 500/- each. U/s. 148 IPc To suffer Rigorous Imprisonment for three years and fine of Rs. 100/- each. U/s. 435 or 435/149 IPC: To suffer Rigorous Imprisonment four years and fine of Rs. 150/- each. U/s. 436 or 436/149 IPC: To suffer Rigorous Imprisonment five years and fine of Rs. 250/- each. In default of total amount of fine i. e. Rs. 1000/- each to further suffer simple imprisonment for three months. All the sentences were ordered to run concurrently.

(2.) AS per prosecution story informant Basanti Bai (PW. 7) orally intimated Police Station Raipur District Jhalawar on October 26, 1997 that around 12. 30 and 1. 00 PM on the said day her sons Shyam and Balkishan had been belaboured by the appellants. Bheru Lal and Kailash inflicted sword blows on the neck and right hand of Shyam, while Purshottam and Gopal gave blows with sword and spear on the back and head of Bal Kishan. All the appellants then indiscriminately inflicted injuries on the person of Shyam and Balkishan and Girraj and Bheru crushed their heads with stones. After killing Shyam and Balkishan the appellants burnt her house, tractor trolly, and crop of onion and ground nut. On the basis of said information a case under Sections 147, 148, 149, 341, 302, 324, 323, 436, 435 and 427 IPC was lodged and investigation commenced. On completion of investigation charge sheet was filed and in due course the case came for trial before the learned Additional Sessions Judge (Fast Track) No. 1, Jhalawar. Charges under Sections 147, 148, 341, 302 in the alternative 302/149 436 in the alternative 436/149, 435 in the alternative 435/149 and 427 in the alternative 427/149 IPC were framed against the appellants who denied the charges and claimed trial. The prosecution in support of its case examined as many as 21 witnesses. In their explanation under section 313 Cr. P. C. the appellants claimed innocence and examined four witnesses in defence. On hearing final submissions, the learned trial Judge convicted and sentenced the appellants as indicated above and acquitted the co-accused Badam Bai and Tara Bai.

(3.) FACTUAL scenerio emerged on a careful scrutiny of record may be summarised thus- (i) Basanti Bai (PW. 7) is the mother or deceased Shyam Lal and Bal Kishan and she alone supported the prosecution case. (ii) Police Station Raipur situated at a distance of 18 kms. from the place of incident and the report was lodged with in two hours of the occurrence. (iii) Incident had taken place between 12. 30 and 1 PM on October 26, 1997 and as per site plan Ex. P. 17, the house of informant existed at a distance of about 100-150 metres from the place of incident. (iv) Fire arms comprising of 12 Bore Gun and Country made Pistol stained with blood, got recovered from the place of incident vide recovery memos Ex. P. 25 and Ex. P. 26. Abdul Rashid, Investigating Officer (PW. 21) deposed in his cross examination that country made Pistol was loaded and a bullet was found in the barrel of gun. (v) Vide Injury Report Ex. D. 2 appellant Kailash Chand sustained 10 incised wounds and abrasions three in number. (vi) Appellant Kailash Chand submitted a written report (Ex. D. 1) on October 26, 1997 with the Police Station Sunel at 5. 30 p. m. against Bal Kishan and Shyam Lal and case under sections 307, 341, 451, 323/34 IPC was registered. (vii) Bal Kishan and Shyamlal died on the spot and their skulls were found masticated. They also sustained various antimortem incised and lacerated wounds.