BHAGWATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants above named faced trial in Sessions Case No.07/2015 arising out of FIR No.406/2014 registered with Police Station Kanchanpur. The learned trial Judge found appellant Bhagwati guilty under Sec. 302 of IPC. Other appellants were found guilty under Sec. 302/34 of IPC and all the appellants were further found guilty under Ss. 336/34 and 307/34 of IPC. Imprisonment for life was awarded to all the appellants for offences under Ss. 302/34 and 307/34 of IPC. Fine of Rs.1,000.00 and in default of payment of fine, two months simple imprisonment was also ordered. For the offence under Sec. 336/34 of IPC, one month simple imprisonment was awarded.

(2.) On the date of judgment by the learned trial Judge, appellant Dhani Ram was not present hence, by the impugned judgment dtd. 3/6/2017, rest three were found guilty and sentenced as above, whereas appellant Dhani Ram was convicted by the impugned judgment dtd. 5/6/2017 and was sentenced on the same day. Hence the two appeals aforesaid.

(3.) The prosecution case as disclosed in the FIR is that on 12/12/2014 at about 07:30 A.M., informant (PW.1) along with his cousin brother Komal Singh (PW.8) was going through the newspaper near his house. The brother of the informant namely Bablu (deceased) and Kamal Singh (PW.7), Nawal Singh (PW.3), Vivek Singh @ Bantu (PW.6) were also reading the news papers. At the time, appellants Rameshwar, Bhagwati, Pappu @ Ramsewak and Dhani Ram armed with Katta (short gun), gun and Lathi came out of their house and stated that they would kill the informant. The accused persons initially started hurling stones, the prosecution side also started retaliating to save themselves. Thereafter, the accused persons returned and attacked again. Accused Rameshwar fired with his 12 bore gun, however the shot crossed above the head of the informant. Thereafter, the accused Bhagwati fired with his 315 bore Indian gun, which hit at the chest of Bablu and Bablu fell down. The accused Pappu and Dhani Ram made several fire at the informant but the informant escaped. In the meantime, villagers assembled there, then the accused persons fled away from the site. The police came and took the injured to Dholpur Hospital and the injured died as soon as he reached the hospital.