RAMU Vs. STATE

JUDGEMENT

(1.) This DB Cr. Appeal under Section 374 sub-clause (2) Cr.P.C., has been filed against the judgment and order dated 29.6.2005 passed by Additional Sessions Judge (Fast Track), Sawai Madhopur in Sessions Case No. 6/2004 whereby the present appellant has been convicted and sentenced as under:-

(2.) The brief facts giving rise to this appeal are that on the basis of Parchabayan (Ex. P/35) of Munshiram S/o Bherulal recorded at Government Hospital, Indragarh, a First Information Report No. 106/2001 was registered for offences under Section 302 and 307 IPC. It was alleged in the Parchabayan that at about 8.00 AM, 6-7 persons including Munshiram and others were grazing their camels in the forest of Papda and also preparing food, at that time three persons came there, out of whom one person was in Khaki cloths, second was wearing Khaki shirt and dhoti and third was in white cloths. All the three persons have told them to go with them otherwise they would be killed. One person was armed with a gun. On their threatening, Badri Rebari, Sohan Rebari, Mohan Rebari, Buddha Rebari and Shyoji Rebari all went with them. At some distant place 5-6 persons were also sitting. They started beating them and as a result sustained injuries. Buddha Rebari and Shyoji Rebari succumbed to the injuries on the spot and others were shifted to the Indragarh hospital.

(3.) After investigation charge sheet was filed against co-accused persons. The present appellant was shown to be a absconder and investigation was kept pending against the present appellant under Section 173(8) Cr.P.C. After the arrest of the present appellant, a supplementary charge-sheet came to be filed against appellant along with other co-accused Mohan, Ram Prasad and Ramesh. The present appellant has been charged for the offence under Section 148, 302, 302/149, 307 and 307/149 whereas the co-accused Ramesh, Mohanlal and Ramprasad were discharged by the competent court. Against other accused persons, Ramdhan etc., the trial was going on and on 26.4.2005, the sessions trial against the present appellant and Ramdhan etc. has been consolidated. To prove the case against the present appellant, Hemant Gautam (PW/1), Munshi (PW/2), Sumer Singh (PW/3), Mohanlal (PW/4), Hemraj (PW/5), Dulharam (PW/6), Sohanlal (PW/7), Badri (PW/8), Badrilal (PW/9), Daulatram (PW/10), Moti (PW/11), Moti S/o Harji (PW/12), Shanker (PW/13), Abdul Jangid (PW/14), Chhotu (PW/15), Chotulal (PW/16), Satyanarain (PW/17), Ghanshyam (PW/18), Bhanwarsingh (PW/19), Omprakash (PW/20), Hanuman (PW/21), Prakashchand (PW/22), Santsingh (PW/23), Sitaram (PW/24), Dr. Virendra Saxena (PW/25) and Babulal (PW/26) have been examined. The present appellant has been examined under Section 313 and in defence, DW/1 Dhanji has been produced. After conclusion of trial, the present appellant is convicted and sentenced as above whereas other co-accused Ramdhan, Ramswaroop, Ganesh, Latoor, Kailash and and Babulal have been acquitted. Hence this appeal.