RAM KUNWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE appeals are directed against the judgment dated February 28, 1998 passed by learned Additional Sessions Judge, Hindaun City in Sessions Case No. 356/92 and Sessions Case No. 12/93 whereby the appellants were convicted and sentenced as under : Sheesh Ram & Battu each u/s. 148 IPc Rigorous imprisonment for one year and a fine of Rs. 200/-, in default of payment of fine to further suffer 15 days simple imprisonment. u/s. 302 and u/s. 307 IPc Imprisonment for life and a fine of Rs. 1000/-, in default of payment of fine to further suffer six months' rigorous imprisonment. Rameshwar u/s. 148 IPc Rigorous imprisonment for one year and a fine of Rs. 200/-, in default of payment of fine to further suffer 15 days' simple imprisonment. u/s. 302/149and 307 IPc Imprisonment for life and a fine of Rs. 1,000/-, in default of payment of fine to further suffer six months' rigorous imprisonment. Radhey u/s. 148 IPc Rigorous imprisonment for one year and a fine of Rs. 200/-, in default of payment of fine to further suffer 15 days' simple imprisonment. u/s. 302 and307/149 IPc Imprisonment for life and a fine of Rs. 1000/-, in default of payment of fine to further suffer six months' rigorous imprisonment. Ram Kunwar, Hanse, Harsahai and Rajdhar each u/s. 148 IPc Rigorous imprisonment for one year and a fine of Rs. 200/-, in default of payment of fine to further suffer 15 days' simple imprisonment. u/s. 302/149 307/149 IPc Imprisonment for life and a fine of Rs. 1,000/-, in default of payment of fine to further suffer six months' rigorous imprisonment.

(2.) BRIEFLY stated, the facts of the prosecution case are that a February 4, 1991 at 3:10 P. M. Heera S/o Surajmal, by case-Gujar, R/o-village Tajpur, Tehsil Todabheem submitted a written report Ex. P. 7 to PW. 13 Laxmikant Sharma, ASI, Police Station Salempur at the place of incident to the effect that today at around 8:00 A. M. Balram and Bhagwan Singh were returning to their school situated at Hindaun City. The informant and his son Rameshwar accompanied them to see them off. When they were waiting for bus on the road near village Lapawali and village Daharia, appellant Rajdhar alongwith other appellants Battu, Rameshwar, Radhey, Sheeshram, Ramkunwar @ Ram Kumar, Hanse and Harsahai came there in a tractor. Having stopped the tractor all the appellants encircled them. He and Rameshwar saved themselves by running towards the village. His sons Balram and Bhagwan Singh also ran to save themselves. The appellants chased them and thereafter Radhey inflicted injury with axe on the person of Balram. Balram fell down and thereafter appellant Battu gave axe blow on the neck of of Balram and other appellants also caused injuries. Bhagwan Singh was also caused injuries by the appellants. He sustained injury with sharp weapon below his eye. Balram succumbed to the injuries on the spot. Bhagwan Singh was got admitted in hospital Karauli and his condition is serious. It was also alleged in the report that between his Uncle Moti and the appellants, a case is pending and on account of this enmity the appellants had killed Balram and caused injuries on the person of Bhagwan Singh. PW 13 Laxmikant Sharma forwarded this report to P. S. Salempur for registering a case and initiated investigation. On the basis of this Written Report Ex. P. 7 a case under Section 147, 148, 341, 323, 326, 307 and 302/149 IPC was registered by In-charge, P. S. Salempur on the same day at 3:50 P. M. Formal FIR is Ex. P. 8. PW 13 Laxmikant Sharma, the Investigating Officer prepared Site Plan Ex. P. 1. Blood smeared soil from both the places where Balram and Bhagwan Singh were caused injuries, was seized and sealed vide Ex. P. 3 and Ex. P. 4 respectively. Inquest Report Ex. P. 9 of the dead body of Balram was also prepared. Autopsy on the dead body of Balram was conducted by PW. 12 Dr. Budhram Meena, Medical Officer, P. H. C. Balghat on the spot on the same day at 4:30 P. M. and the prepared Post-mortem report Ex. P. 10. Bhagwan Singh was medically examined by PW. 7 Dr. Dashrath Singh at 1:15 P. M. on February 4, 1991 and he prepared Injury Report Ex. P. 6. Bushirt, woolen cap, baniyan which Bhagwan Singh was wearing at the time of incident, Safi belonging to Rameshwar and woolen chaddar (Shawl) belonging to Heera were seized and sealed by the Investigating Officer vide Seizure Memo Ex. P. 2. Statements of the witnesses were recorded under Section 161 Cr. P. C. Appellant Ramkunwar was arrested on June 23, 1991 vide Ex. P. 15. On his information Ex. P. 16 which was recorded under Section 27 of the Evidence Act by the Investigating Officer and at his instance, lathi was recovered from his house vide Seizure Memo Ex. P. 17. On X-ray it was also found that Bhagwan Singh had also sustained fracture of left parietal bone. His X-ray report is Ex. P. 19. On completion of investigation, a charge-sheet was laid against appellant Ramkunwar in the Court of Judicial Magistrate, Hindaun City. Thereafter another charge-sheet was filed against appellants Hanse. Harsahai and Rajdhar. Learned Judicial Magistrate committed all these four appellants together for trial to the Court of learned Additional Sessions Judge. Hindaun City. The investigation was kept pending against the remaining accused-appellants against whom Challan was filed on February 3, 1993 in the Court of Judicial Magistrate No. 1, Hindaun City. Learned Judicial Magistrate committed the case to the Court of Additional Sessions Judge, Hindaun City. Learned Additional Sessions Judge consolidated both the cases and proceeded further. Charges under Sections 148, 302, 302/149, 307, 307/149 IPC were framed against all the appellants who pleaded not guilty and claimed to be tried.

(3.) DR. Dashrath Singh further stated that injuries 1, 2, 3 and 4 were caused by sharp weapon and the remaining injuries were caused by blunt weapon. Injuries, 3,5,6,7 and 8 were simple in nature. Injury No. 10 was grievous in nature. At the time of medical examination Bhagwan Singh was unconscious and his condition was serious. He was referred to SMS Hospital, Jaipur for X-ray and further treatment. Duration of injuries was within 6 hours. He prepared Injury Report Ex. P. 6. Injuries 1,2 and 4 were sufficient in the ordinary course of nature to cause death. He also stated that he received X-ray Report Ex. P. 19 and accordingly Injury No. 4 was found to be grievous in nature.