AMRIT LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by accused-appellants Amritlal, Bhogilal, Jagdish, Girraj @Girish and Ashok Kumar against the judgment dated 20/12/2003 passed by learned Additional District and Sessions Judge (Fast Track) Baran in Sessions Case No.25/2003 whereby, they were convicted and sentenced, as under:-

(2.) At the outset, learned counsel for the appellants has informed the court that accused-appellant No.2-Bhogi Lal died during pendency of the appeal on 05/12/2012 and therefore, his appeal abates and is accordingly dismissed in abatement. Now the appeal survives only in respect of remaining four accused-appellants.

(3.) Brief facts giving rise to this appeal are that a written report (Exb.P/1) was submitted by complainant-Prabhulal Koli (PW1) to S.H.O. Police Station Kelwara on 18/09/2002 regarding an incident, which took place on 17/09/2002 at 10.00 p.m. The informant alleged therein that he along with his brother Shankarlal was in their house. Amritlal, Jagdish, Bhogi Lal and Girraj Koli were consuming liquor in their 'bada' adjacent to their house. During the course of consuming liquor, both Jagdish and Girraj started abusing his brother Shankarlal. Thereupon, Shankarlal came out of his house. He (this witness) also came out of the house. When his brother Shankarlal forbade them from abusing him, Jagdish S/o Chotey and Bhogilal S/o Chotey inflicted 'lathi' blows on the body of his brother, resultantly, his brother fell down. In the meantime, Ashok, Girraj and Amritlal also came there armed with 'lathis' and 'saria' (iron rod). While Amritlal inflicted 'saria' blow, other four inflicted 'lathi' blows on the person of Shankarlal with the intention to kill him, while he was lying on the ground. When he (this witness) came forward to save his brother, Ashok S/o Amritlal and Jagdish S/o Chotey inflicted 'lathi' blows on his body, which he received on the wrist of his right hand, little finger and thumb of his left hand. When his wife Raji Bai came to save them, Amritlal inflicted a 'saria' blow on her, which she received in her wrist of right hand and the blood started oozing. Jagdish inflicted a 'lathi' blow on the body of his 'bhabhi' Buddho Bai, which she received on her right shoulder. Jagdish and Bhogilal caused injuries to Shankarlal on his face, head and other parts of his body by stones while he was lying on the ground. When elder brother of this witness, Jeevanlal and his niece Brijmohan came there to mediate, Girraj pelted a stone on his brother Jeevanlal, which hit his back. Thereafter, all the accused fled from the place of incident treating Shankarlal as dead. After some time, this witness and his brother Jeevanlal brought his brother Shankarlal, his 'bhabhi' Buddho Bai and wife Raji Bai to the Kelwara Hospital in the jeep of Sardar Nihal Singh. During the course of treatment at Kelwara Hospital, Shankarlal died.