HEMU @ HEMRAJ AND OTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals have been preferred against three judgments passed by trial court in one FIR arising out of one incident, hence these are being decided by this common judgment. For continence, the facts are taken from Cr. Appeal No. 684/2004.

(2.) All these appeals have been filed against the judgments passed by trial Court whereby the appellants have been convicted and sentenced as under:

(3.) The facts narrated in appeal No. 684/2004 are that on 6.4.2001 at about 8.30 PM a report Ex.P/1 has been lodged by Pooniya Ram (PW/1) stating therein that at about 4.00 PM, his brother Kalua and Babu were coming from the agricultural fields, they saw that in front of their house, Amrit, Hemu and Veersing totalling 12 persons having Gandasi, Axe and sticks in their hands started beating Kalua. First Munshi, Amrit, Hemu and Veer Singh inflicted lathi and Gandasi blow on his head. Kalua died on the spot, thereafter Munesh, Naresh, Shimbhoo etc. inflicted lathi blow to Babu who suffered grievous injuries. Ramjilal tried to pacify the matter at that time and Ramkunwar has also received injuries in the incident. On this report, FIR No. 53/2001 has been registered for the offence under Sections 147, 148, 149, 323 and 302 IPC. The injured Babu has also expired after 15 days due to the injuries suffered. Charge sheet has been filed against appellants Hemu @ Hemraj, Munshi and Amrit @ Jeptu under Sections 147, 149, 323 and 302 IPC. As the accused appellants Shatrudhan and Veer Singh were absconding charge sheet has been filed against them under Section 299 Cr.PC. The learned court below has framed charges against the appellants Hemu @ Hemraj, Munshi and Amrit @ Japtu for the offence under Sections 148, 302/149, 325 and 149 IPC, In support of its case, the prosecution has examined PW.1 Pooniya Ram, PW.2 Halki w/o Jagan, PW.3 Halki w/o Babu, PW.4 Mukti, PW.5 Ramjilal, PW.6 Meghram, PW.7 Roopram, PW.8 Girraj, PW.9 Kedar, PW.10 Dr. Pritam Chand Gupta, PW.11 Kripal Singh, PW.12 Shivsingh, PW.13 Dr. Ramswaroop Meena, PW. 14 Dr. Nandlal Sharma, PW.15 Ramnath Singh, PW.16 Vijay Singh and PW.17 Dr. Suman Dutta dnd produced Ex. P/1 to P/28. Statements of accused persons have been recorded under Section 313 Cr.PC. and in defence no oral evidence has been produced but the defence has also relied upon Ex.D/1 to D/7. On arrest of Shatrudhan, additional chargesheet has been presented against him and committed. He has been charged for offences u/Ss. 147, 148, 323, 324, 302 and 302/149 IPC. The witnesses PW. 1 Pooniya Ram, PW. 2 Kedar, PW. 3 Mukti, PW. 4 Halki. PW. 5 Roopram, PW. 6 Meghram, PW. 7 Girraj, PW. 8 Rajulal, PW. 9 Kamal, PW. 10 Ramjilal, PW. 11 Mangturam, PW. 12 Dr. Sriram Meena, PW. 13 Dr. Nandlal Sharma, PW. 14 Srichan Nehra, PW. 15 Vijay Singh, PW. 16 Dr. Suman Datta and PW. 17 Ramnath Singh have been recorded for appellant Shatrudhan and prosecution relied upon Ex.P1 to Ex.P23. He has been examined under Section 313 Cr.P.C. and he relied upon documents Ex.D/1 to D/9, no oral defence evidence has been produced. Thereafter accused Veer Singh has been arrested and a supplement charge-sheet has been filed against him. He has been charged for the offence under Sections 148, 302/149 and 325/149 IPC. The witnesses PW.1 Man Singh, PW.2 Pooniya, PW. 3 Mukti. PW. 4 Meghram, PW.5 Girraj, PW. 6 Roopram, PW.7 Halki, PW.8 Lahari, PW.9 Parsadi, PW.10 Kedar Lal, PW.11 Halki w/o Jagar. PW.12 Ramjilal, PW13 Rajulal, PW. 14 Kamal, PW. 15 Dr. Sriram Meena, PW. 16 Dr. Preetam Chand Gupta, PW.17 Dr. Nandlal Sharma, PW. 18 Dr. Suman Dutta and PW.19 Ramnath Singh have been examined by the prosecution to support his case qua the appellant, and relied upon Ex.P1 to Ex.P20. His statement under Section 313 Cr.PC. has been recorded and reliance has been placed on Ex.D/1 to D/11, no oral defence evidence has been produced.