HAJARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these appeals are related to same incident and arise out of a common judgment hence, they are being decided by this common judgment.

(2.) These appeals under Section 374 Cr.P.C., have been filed against the judgment dated 8.6.2004 passed by Additional Sessions Judge (Fast Track), No.2, Bundi in Sessions Case No. 79/2003 whereby the appellants have been convicted and sentenced as under:

(3.) The short facts of the case giving rise to these appeals are that PW/2 Badri Lal submitted a written report Ex.P/3 on 24.1.2003 at 10.00 PM stating therein that there exists one pond in the village and famine relief work was going on the same. In the periphery of this pond, persons of Mali caste made encroachments by putting bad. Bhanwar Singh submitted a written report to the Sarpanch and due to this reason Mali Community was having enmity with Bhanwar Singh. At about 7.30 on the day of occurrence, Bhanwar Singh was returning to his village Faulai. When he reached at bus stand, appellants Babu Lal, Laxmi Narayan, Ramesh, Pappu, Chauthmal, Hajarilal, Birdhi Lal and Ram Laxman Gurjar hidden there, attacked on him with sticks and Kulhari. The complainant was also retuning to his home at that time from government work. Badrilal also came there. Hiralal also reached there as he was coming from his filed, they also tried to save Bhanwar Singh in which complainant and Badri Lal Gurjar also received injuries. They shifted Bhanwar Singh to hospital. On this FIR No. 13/2003 has been registered for the offence under Sections 147, 148, 149, 323 and 307 IPC. Next day Bhanwar Singh died and offence under Section 302 has been added and after usual investigation, charge sheet has been filed against 9 accused persons including the appellants for the offence under Section 147, 148, 149, 323, 324, 326, 302 and 307 IPC and the case was committed to Court of Sessions and thereafter transferred to Additional Sessions Judge (Fast Track) No.2, Bundi. The court below has framed charges against the appellants for the offence under Sections 147, 148, 149, 302, 307, 326, 324 and 323 IPC. The appellants have denied the charges and claimed for trial. In support of its case, the prosecution has examined PW.1 Satyanarain, PW.2 Badrilal, PW.3 Satyanarain S/o Babulal, PW.4 Jodhrajsingh, PW.5 Chhotusingh, PW.6 Laxmansingh, PW.7 Satyanarain S/o Girdhar, PW.8 Tejkanwar, PW.9 Kalyankanwar, PW.10 Badrilal S/o Motilal, PW.11 Hiralal, PW.12 Banshilal, PW.13 Shamboolal, PW.14 Babulal, PW.15 Lalsingh, PW.16 Prathviraj, PW.17 Babulal Meena S/o Mohanlal Meena, PW.18 Lalchand, PW.19 Nandkishore, PW.20 Hemraj, PW.21 Dr. O.P. Verma, PW.22 Rameshchand, PW.23 Ramrai, PW.24 Soji, PW.25 Ramswaroop, PW.26 Motilal, PW.27 Ramesh Kumar, PW.28 Dr. R.N. Yadav, PW.29 Ambalal, PW.30 Subhashchand Gupta, PW.31 Dr. Arvind Sharma and also relied upon documents Ex.P/1 to P/57. Statements of accused persons have been recorded under Section 313 Cr.P.C. Defence has also exmained DW.1 Bhoja, DW.2 Sajna Devi, DW.3 Raghuveer, DW.4 Devkinandan Gaur, DW.5 Ramrai, DW.6 Rameshibai, DW.7 Dwarkabai, DW.8 Satyanarain and has relied on Ex.D/1 to Ex.D/20. After conclusion of the trial, accused Latoor, Laxminarain, Gopal Mali, Papulal and Chouthmal have been acquitted and present appellants have been convicted and sentenced, as referred above, hence these appeals.