MAHAVIR & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) As these two appeals arise out of the judgment and order dated 29.11.1997 of the learned Additional Sessions Judge, Dholpur passed in Sessions Cases No. 64/95 and 04/96, they are decided by this common judgment. Two Sessions Cases were registered but it is not in dispute that these arise out of one F.I.R. No. 129/95 which was registered at Police Station Kolari, District Dholpur. It appears that one of the accused Birji @ Brij Kishore had absconded and was arrested later on.

(2.) The case of the prosecution is that on 26th of June, 1995 Ram Prasad Tyagi gave a parch bayan Ex.P-3 to (PW-10) Pyare Lal, Police Sub Inspector, Police Station Kotwali, Dholpur in the General Hospital, Dholpur and on the basis of the same First Information Report Ex.P-16 was chalked out and a case No. 129/95 under Sections 147, 148, 323 and 302, IPC. was registered at Police Station Kolari, District Dholpur. This F.I.R. was registered at 7.10 PM. on 26th of June, 1995. The Parch Bayan was recorded at 9.00 AM on 26th of June, 1995. Ram Prasad is alleged to have stated in his parcha bayan (dying declaration) that on 26th of June, 1995 at about 5.45 A.M. when he was returning to his house after meeting out the call of nature and came near to the filed of Ram Khiladi, accused appellants Sukha, Mahaveer, Kaluti, Brij Kishore and Kampotar were sitting at their fields. They were having lathies and kattas with them. The accused appellants came running to him from their field and started giving beating to him with lathis. Accused appellant Brij Kishore gave lathi blow on his head due to which he fell down on the ground and thereafter all the accused gave many injuries to him. Babu Lal (PW-5) came running towards him making hue and cry and the accused appellants, after seeing him coming towards them, ran away leaving him. Janki Prasad (PW-2), the elder brother of Ram Prasad, had taken him and got admitted in the General Hospital, Dholpur. Ram Prasad died in the General Hospital on the same day at about 12.20 PM.

(3.) The investigating agency after making usual investigation filed challan against the accused appellant in the court of area Judicial Magistrate, 1st Class Dholpur for the offences under Sections 147, 148, 149, 323 and 302, I.PC. As the case was exclusively triable by the Court of Sessions, the area Judicial Magistrate committed it to the Court of Sessions Judge, Dholpur. Ultimately, it came to be transferred to the Court of Additional Sessions Judge, Dholpur for trial and decision.