DAYALA ALIAS DAYA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, six in number, were indicted before learned Additional Sessions Judge (Fast Track) No. 2, Bundi in Sessions Case No. 10/2001 for having committed murder of Sukhdev. Learned trial Judge vide judgment dated September 22, 2001 convicted and sentenced the appellants as under:- U/s. 302/149 IPC To suffer Imprisonment for life and fine of Rs. 500/-, in default to further suffer three Months Imprisonment. U/s. 147 IPC To suffer One Year Rigorous Imprisonment and fine of Rs. 100/-, in default to further suffer One Month Imprisonment. U/s. 148 IPC To suffer Two Years Rigorous Imprisonment and fine of Rs. 100/-, in default to further suffer Two Months Imprisonment. All sentences were ordered to run concurrently., +

(2.) BRIEFLY stated the prosecution case is that Hemraj (PW. 6) submitted a written report to the SHO Police Station Dablana (Bundi) on August 2, 1997 with the averments that in the morning at about 7.30 AM on the said day he and his maternal uncle Sukhdev were going from Keshavpura to Bundi on cycles for selling the milk. Sukhdev was just ahead of him. On the route around 8.00 AM when they reached near Bindayka Doongri they found appellants hiding there with deadly weapons. All of them surrounded Sukhdev and started inflicting injuries by raising the voice to kill Sukhdev at the spot. Dayala inflicted gandasi-blow on the head of Sukhdev, as a result of which he fell down, then other persons inflicted injuries indiscriminately with sticks and gandasis. Ramlal also reached at the place of incident and he had witnessed the incident. The informant ran towards his village and narrated the incident to the wife of Sukhdev. Finding Sukhdev injured one Kishan took him to the hospital for treatment. Thereafter the informant also reached at the hospital in tractor trolley and on reaching there he found Sukhdev dead. On the basis of said report the Police Station Dablana registered a case under Sections 147, 148, 302 and 302/149 IPC and the investigation commenced. On completion of the investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 2, Bundi, Charges under Sections 302/149, 147 and 148 IPC were framed. The appellants denied the charges and claimed to be tried. The prosecution in support of its case examined as many as 25 witnesses. In their explanation under Section 313 Cr.P.C., the appellants claimed innocence. No witness in defence was however examined. Learned Trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) HEMRAJ (PW. 6) in his deposition stated that Sukhdev was his maternal uncle. On the fateful day he and Sukhdev both were coming on cycles with milk-containers. At Bindayaka doongri Dayala, Bihari Lal, Hazari, Kishna, Dhanraj and Goverdhan along with Ramdev and Jawahra got themselves hiding. Ramdev was armed with axe, Hazari was having lathi whereas Dayala Jawahara, Hazari, Behari, Dhanraj and Goverdhan were having gandasis. Dayala after exhorting others to kill Sukhdev inflicted gandasi- blow on the head of Sukhdev. Bihari then inflicted blow on his rib, Goverdhan and Dhanraj gave blows with gandasi on his hands, Ramdev and Hazari gave blows again on his hands. Hazari also inflicted axe-blow and Kishna gave lathi-blow on his neck. At that time HEMRAJ was two steps away from the appellants. Ramlal also came there on cycle and saw the incident. HEMRAJ ran for his life and went straight to the village to inform about the incident to his Mami (maternal aunt) Smt. Nandu. Thereafter he along with Deva, Hardeva, Kunwara and his maternal uncles reached at the place of incident on a tractor trolley but they did not find Sukhdev there. Only on reaching hospital that they came to know about the death of Sukhdev. He then got written the report (Ex. P-1) by Raja Ram at the Hospital.