SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants six in number, were indicted before the learned Sessions Judge Jaipur City in Sessions Case No. 179/96 for having committed murder of Babu Lal. Learned Sessions Judge vide judgment dated September 29, 2000 convicted and sentenced the appellants as under- SURESH & GOPAL : + U/s. 302 IPc Life imprisonment with fine of Rs. 5000/- and in default of payment of fine to further suffer one month R. I. U/s. 148 IPc to undergo six months R. I. U/s. 452 IPc to suffer one year RI and fine of Rs. 100 in default to further suffer 15 days R. I. KAILASH, GIRDHARI, BABULAL SON OF KANJI AND NARAYAn @ SATHYA : + U/s. 302/149 IPc Life Imprisonment with fine of Rs. 5000/- and in default of payment of fine to further suffer one month R. I. U/s. 148 IPc to undergo six months R. I. U/s. 452 IPc to suffer one year RI and fine of Rs. 100 in default to further suffer 15 days R. I. All the sentences were ordered to run concurrently.

(2.) THE case of prosecution as disclosed in the written report Ex. P. 1 lodged with the Police Station Shastri Nagar, Jaipur by Jugal Kishore (PW. 4) at 12. 15 a. m. on May 31, 1996 is that on May 30, 1996 at around 11. 15 p. m. the appellants Suresh, Gopal, Girdhari, Babulal son of Kanji and Sri Narayan @ Satya armed with sticks, axe and knife entered their house, hurled abuses, and beat his father, mother, sister and younger brother. THEy dragged his brother Babulal (now deceased) out of the house and Suresh and Gopal indiscriminately inflicted knife blows on the person of Babulal. On hearing hue and cry Pooran, Trilok Chand and other persons came over there and interverned Babulal was removed to the Hospital in a serious condition. Police Station Shastri Nagar registered a case under sections 147, 148, 149, 452 and 307 IPC and investigation commenced. After the death of Babulal section 302 IPC was added. On completion of the investigation, charge sheet was filed. In due course the case came up for trial before the learned Sessions Judge Jaipur City. Charges under sections 148, 452, 302, and 302/149 IPC were framed against the appellants, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 12 witnesses and got exhibited 24 documents. In the explanation under section 313 Cr. P. C. the appellants claimed innocence. No witness was however produced in defence. THE learned Sessions Judge on hearing the final submissions convicted and sentenced the appellants as indicated hereinabove.

(3.) THE learned counsel for the appellants canvassed that there are several infirmities and contradictions in the statements of the alleged eye witnesses and no reliance can be placed on their testimony. It is further urged that in the FIR no overtact was attributed to appellants Suresh, Girdhari, Babulal and Sri Narayan @ Satya. Kailash was not even named in the FIR. THE alleged recovery of weapon was effected from an open place. THE FIR was post investigative document. Delay in lodging the FIR is fatal and possibility of overimplication of the accused cannot be ruled out. It is also contended that only partisan witnesses were examined and their statements are not corroborated by the medical testimony. THE statements under section 313 Cr. P. C. were not recorded in accordance with the provisions of law. THE whole investigation is tainted. Reliance has been placed on K. N. Virji and Ors. vs. State of Gujrat (1), Juwar Singh vs. State of M. P. (2), Bhagirath vs. State of Madhya Pradesh (3), and L/nk Meharaj Singh/ Kalu vs. State of Uttar Pradesh