SHANKARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellants A/1 Shankar Lal, A/2 Babu Lal, A/3 Mangi Lal, A/4 Patia alias Pataram, A/5 Ganesh alias Gania, A/6 Bhura Ram, A/7 Maga Ram, A/8 Sona Ram, A/9 Dana Ram alias Dania, A/10 Kesa Ram, A/11 Jesa Ram and A/12 Ranchhora Ram stood tried on the charge under Sections 147, 148, 302 read with 149, IPC for being members of unlawful assembly armed with deadly weapons with common object of committing murder of one Adaram. The learned Additional Sessions Judge, (Fast Track), Jalore convicted all the accused persons for offence under Section 302 read with 149, IPC and sentenced each one of them to imprisonment for life and to pay a fine of Rs. 3,000.00; in default of payment to further undergo simple imprisonment for one year, by judgment dated 2-2-2002. The appellants have also been convicted and sentenced for allied offences. All the sentences have been ordered to run concurrently.

(2.) Briefly stated the facts of the case are that on 1-4-1999, PW-3 Niyaz Mohd. Head Constable posted at Police Out-post, Ummedpur, Police Station, Ahore recorded the statement of injured Adaram at Government Hospital, Ahore vide Exhibit P-7. He disclosed that on the preceding day at about 9.00 p.m. his grand daughter PW-4 Miss Pankhu informed that accused persons namely Jasia, Babu, Gania, Dania, Magia, Sonia, Patia, Umiya, Ranchhor, Darga, Bhura, Chhela, Shankar, Kesa, Kheta and Mangia all by caste Meghwal, residents of village Madri armed with lathis and other deadly weapons arrived at their house and hurled stones and gave beating to his son Velaram. He along with his another son Kapuraram proceeded towards the house. On the way, near Ramdevji Temple, accused Jassiya and his two sons namely Babu and Ganesh assaulted him. Other accused persons pelted stones at them. His son Vela ran away. He could be saved on intervention by his wife PW-5 Smt. Sukhi. On the basis the statement Exhibit P-7, a case was registered at the Police Station, Ahore for offence under Sections 143, 323 and 326, IPC. The injured Adaram died on 7-4-1999. Thus, the offence under Section 302, IPC was added. After usual investigation, police laid charge-sheet against all the accused persons for offence under Sections 147, 148, 302, 308, 325 and 323/149, IPC.

(3.) The accused persons denied the charges levelled against them and claimed trial. The prosecution in support of the case, examined as many as 12 witnesses. The accused persons in their statement under Section 313 of the Code of Criminal Procedure, denied the correctness of prosecution evidence appearing against them. The trial Court found prosecution case proved. The appellants have been convicted and sentenced as mentioned in the earlier part of the order.