OM PRAKASH & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal under Section 374 Cr. P.C. has been filed against the judgment dated April 20, 2009 passed by the learned Additional Sessions Judge (Fast Track) No. 1, Kota. Thereby the appellants Om Prakash, Sheoji @ Shiv Ram and Sita Ram have been convicted under Section 307 /34 IPC and each sentenced to suffer Rigorous imprisonment for ten years and fine of Rs. 1000/ -. In default to pay the fine, to further suffer simple imprisonment for six months. The facts of the case are that the complainant Pw. 1 Manju submitted a written report Ex.P -1 on 5 -4 -2008, on which FIR No. 17/2008 (Ex.P -9) was registered at Police Station Bapawar, District Kota for the offences u/s. 147, 148, 149, 341, 504 and 307 IPC. The allegation against the accused was that on 4 -4 -2008 a "Jagran" was organised in the village Umarda by him. Of the villagers going for the said "Jagran", Nawal Kishore was stopped on the way by one Shaitan Singh and another, Sheoji and abused. The miscreants also pushed down the motor -cycle of one visitor Mahavir and his friends also on their way to "Jagran". The aforesaid visitors to the "Jagran", who had been harassed and abused narrated the matter to the complainant's husband Ramesh Chand. Thereupon Ramesh Chand in the company of Nawal Kishore and another went to the village of miscreants to admonish them and ask them to desist. Ramesh Chand along with his companions first went to the house of Bhanwar Singh but found nobody there. Then he sought ought miscreants at the house of Sitaram Nath. A quarrel and scuffle between Sitaram and Ramesh Chand followed. Ramesh Chand was then attacked with a Sword, a Gandasi, a Kuntia and sticks with the intention of killing him. It was stated that Om Prakash inflicted a Dharia blow to Ramesh Chand's head. Sheoji @ Shiv Ram inflicted a blow on Ramesh Chand's head by a Kuntia. Sitaram and his wife were stated to have beaten Ramesh Chand with sticks on his arms. Nawal Kishore, Ummed Singh, Meghraj, Dwarki Lal and Dinesh Kirad were stated to be witness who intervened in the matter. The intervention resulted into the accused fleeing. Ramesh Chand was rendered unconscious and left to die with blood oozing out from his head. The complainant -not herself a witness -stated that the facts detailed in the written report resulting in the FIR were narrated to her by Nawal Kishore.

(2.) THE learned trial Judge on evaluating the evidence led before it and the submissions by respective counsel was pleased to acquit all the accused of the offence u/s. 148 and 149 IPC and also acquit the accused Shaitan Singh and Dropadi w/o Sitaram of the offence u/s. 307 /149 IPC. However the accused appellants Om Prakash, Sheoji @ Shiv Ram and Sitaram were convicted for the offence u/s. 307 /34 IPC. Sentenced as detailed above followed.

(3.) HAVING heard learned counsel for the parties and considered the impugned judgment dated 20 -4 -2009 under challenge in this appeal. Also scanned the material evidence available on record. The obtaining factual situation is as under: -