SUDERLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for respective parties including learned Public Prosecutor and perused the record.

(2.) These three applications are connected with one FIR No.1/2023 registered at Police Station Bagar Tiraha, Alwar for offences under Sec. 143, 323, 341 and 302 of IPC and Sec. 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, therefore, with consent of counsel for both parties, have been heard together and would stand decided by this common order.

(3.) Relevant facts, in brief are that complainant Ankit Meena lodged one FIR No.1/2023 at Police Station Bagar Tiraha, Alwar on 1/1/2023, stating inter alia, that on 31/12/2022 at around 10:30 PM, the complainant and deceased Yadram were returning to their village, when they stopped for urination at Bamboli Road near Meenapura, Lalaram Meena, Sunderlal @ Chimpa, and Ramlal S/o Girraj Meena, R/o Meenapura along with other three persons came in vehicle 'Thar' and on two motorcycles. These people tried to run over us moving their vehicles fast. It is stated that when we said that will you drive the vehicle on us, they started to abuse and caught me and Yadram. They were having sticks, road and spatula (palta). It is stated that Lalaram and Sunderlal @ Chimpa caught both hands of Yadram and asked Ramlal to hit, then Ramlal hit hard on the head of Yadram with the iron spatula (palta) with an intention to kill him, thereby Yadram fell down at the spot, Lalaram and Sunderlal kicked Yadram and hit him with sticks. Yadram died on the spot. It is stated that when I screamed, all these persons kicked and hit me with sticks and threat that they will kill him as well and they all ran away from the spot. It is stated that Deepchand S/o Ramswaroop and other people came at the spot, ambulance was called and in the ambulance, complainant-Ankit Meena, Deepchand and Yadram went to hospital at Alwar where Doctors declared Yadram dead.