KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under section 374(2) Cr.P.C. has been preferred by the accused appellants challenging the judgment dated 19th October, 2005 passed by the learned Additional Sessions Judge (Fast Track), Chhabra District Baran in Sessions Case No.34/2005, whereby they have been convicted and sentenced as under: Under Section 302/149 IPC - Life imprisonment and a fine of Rs.100/- each, in default of payment of fine to further undergo1 month S.I. Under Section 148 IPC - 2 years S.I. and a fine of Rs.100/- each, in default of payment of fine to further undergo 1 month S.I. Under Section 323/149 IPC - 1 year S.I. and a fine of Rs.100/- each, in default of payment of fine to further undergo 1 month S.I.

(2.) The instant criminal case was initiated on a report (Ex.P-1) lodged by one Madan Lal (PW-1) at police station Atru District Baran on 1.7.1992. It was alleged in the report that while he along with Bhagwati, Kalu Lal, Kailash Bai, Ramesh and Prakash Chand were collecting 'pharda', accused Ashok Pratap Singh came in a jeep along with 4-5 persons whose names were not known to him. Besides, a tractor belonging to Ashok Pratap Singh was being driven by Pramod, who was accompanied by Manoj and Jai Pratap, had also reached there. Manoj and Jai Pratap and one Choti @ Guddu were having fire arms. Ashok Pratap Singh was also armed with a single barrel gun and Kishore Gurjar was having a stick in his hand. Similarly, accused Chintaram Meena was having a stick. Soon after reaching the field, accused Ashok Pratap Singh abused the complainant and objected with regard to the use of the agricultural field. Thereafter, when the complainant and his companions were about to run, Ashok Pratap Singh used the fire arm which resulted in injury to Bhagwati Prasad. Consequently, hue and cry was raised and Kalulal, Kailashi Bai, Ramesh and Prakash Chand came to the complainant. In order to prevent the accused, Ramesh and Prakash started pelting stones on them. Thereafter, Ashok Pratap Singh fired with a gun on Kalulal. Similarly, Jai Pratap also fired with a gun at Kalu and Manoj fired at Ramesh. Prakash Chand sustained fire arm injury at the hands of Guddu. Kishan Lal and Chintaram had inflicted injuries to Kailashi Bai with lathi. Pramod had driven over the tractor on Kalulal. On hearing the hue and cry, the persons from the neighbouring fields, namely Amrit Lal Meena and others had come to rescue the complainant party. Thereafter, the assailants ran away with the tractor. Kalulal had died on the spot and was lying in the field. In the report, the witnesses, namely; Ramesh, Prakash Chand, Kailashi Bai, Bhagwati etc. were named.

(3.) On the aforesaid report, an FIR no.138/1992 came to be registered at police station Atru for the offences under sections 447, 147, 148, 149, 302, 307, 323 and 324 IPC. Thereafter, the investigation commenced, during which the injured were got medically examined and the statements of the witnesses were recorded. The accused persons were then arrested. Naksha Mauka of the place of incident was prepared. Similarly, panchayat-nama, memos of seizure of blood stained mud, clothes, supardigi etc. were prepared. From the place of occurrence, fire arm used by the assailants i.e. one Topidar gun was recovered. On completion of investigation, challan came to be filed against accused Kishan, Jagannath, Ramcharan, Manoj Pratap Singh, Chintaram, Jai Pratap Singh @ Jai mama Jai Prakash Singh, Rajkumar Singh @ Kallu, Govind Prasad, Pramod Pratap Singh, Guddu @ Choti @ Krishna Kumar Singh and Sattar for the offences under sections 147, 148, 149, 302, 307, 323 and 324 IPC. The learned Magistrate had thereafter committed the case to the court of Sessions, which came to be transferred to the court of Additional Sessions Judge (Fast Track), Chhabra District Baran.