JAGANNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN respect of incident occurred on October 1, 1995 five accused were tried for having committed murder of Moti Lal, by the learned Special Judge SC & ST (Prevention of Attrocities Cases) Sawai Madhopur. The learned judge vide judgment dated November 20, 1976 convicted and sentenced all the accused as under - U/s. 148 IPc to suffer two years R. I. U/s. 302/149 IPc to suffer imprisonment for life and fine of Rs. 500/- in default of payment of fine to further sentence of one Year R. I. U/s. 323/149 IPc to suffer one year R. I. All the sentences were ordered to run concurrently.

(2.) BRIEFLY stated the prosecution case is that on October 1, 1995 the informant Banshi (PW. 7) and Moti (now deceased) were called by the appellants to their house to settle the boundary dispute. On hearing from Moti that question of fresh settlement did not arise as the dispute had already been resolved before the villagers, accused Ram Gopal, Ramcharan, Paras Ram, Harphool, Jagannath and Mahaveer made assault on Moti with lathies and axe. When the informant intervened he was also given beating. Hearing hue and cry when Sheonath and Jailal came, the accused fled away. Moti, in an unconscious state was initially removed to the hospital at Behravanda but the doctor advised the complainant to take Moti to Sawai Madhopur. While Moti was taken in a bus to Sawai Madhopur, he died on the way near village Bodal and the complainant party alongwith the dead body of Moti was forced to get down from the bus. The informant then gave information to the Police Station Khandar over telephone. Alam Singh ASI (PW. 13) reached at village Bodal where a written report (Ex. P-17) was handed over to him by informant Banshi at 2. 45 PM. Constable Chhota Singh (PW. 11) then carried the report to SHO Nohwar Singh (PW. 16) at P. S. Khandar where a case under sections 147, 148, 323, 302, 307 and 341 IPC was registered and investigation commenced. On completion of investigation charge sheet was filed only against five accused viz. Jagannath, Ram Gopal, Parasram, Ramcharan and Jagdish. In due course the case come up for trial before the learned trial Judge who framed charges under Sections 148, 302/149 and 323/149 IPC. The accused denied the charges and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. In their explanation under Section 313 Cr. P. C. the accused claimed innocence and stated that they were falsely implicated in the case. On hearing final submissions the learned trial judge convicted and sentenced the accused as indicated hereinabove.

(3.) THE injuries sustained by Banshi are not superficial in nature. As per injury report (Ex. P-24) Banshi sustained following injuries:- 1. Lacerated wound 6. 5cm x 1cm with clotted blood + bone deep 3/4cm vertically cut at parietal region of scalp 11. 5cm over the ear margin grievous abraded have bulb crushed. 2. Red colour bruise 17cm x 12cm + Obliquely vertical at back 3. Abrasion 5cm x 1/2cm with clotted blood + Obliquely vertical lower 1/2 of posterior surface of Rt. arm 4. Red colour bruise 12cm x 2 cm + Obliquely vertical on upper part of left back. 5. Red colour bruise 14cm x 2cm + Obliquely vertical on upper part of left back 2, 1/4 near to injury No. 4. 6. Lacerated wound 4cm x 1cm x 1cm with clotted blood + Vertical on posterior aspect of left side of scalp occipital parietal region margin irregular and abraded hair hulb crushed.