VIJAY PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The three appellants named above faced trial in sessions case No. 89/2013 arising out of FIR No. 123/2013 registered with Police Station Laxmangrh, Sikar. Learned trial Judge by the impugned judgment and order dtd. 30/6/2016 found all the appellants guilty for offence under Sec. 302 read with Sec. 34 and 120B IPC as well as for offence under Sec. 201 IPC. Rigorous imprisonment for life alongwith fine of Rs.5,000.00 was awarded for offences under Sec. 302 read with Sec. 34 and 120B IPC and in default of payment of fine, two months rigorous imprisonment was ordered. For offence under Sec. 201 IPC, seven years rigorous imprisonment alongwith fine of Rs.2,000.00was awarded and in default of payment of fine, one month's rigorous imprisonment was ordered. Appellant Vijay Prakash @ Birju was further convicted under Sec. 182 IPC and six months simple imprisonment alongwith fine of Rs.1,000.00 was awarded and in default of payment of fine, 15 days simple imprisonment was ordered.

(2.) The prosecution case as disclosed in the written report dtd. 4/4/2013 submitted by appellant Vijayprakash @ Birju is that in the evening of 3/4/2013, his father was in the village, however in the morning of 4/4/2013, the informant got information that dead body of his father is laying at the Laxmangarh Beead. The informant suspected that FIR named seven persons who are agnates of informer would have committed murder of his father as they had attacked the house of informant in the past also for property dispute.

(3.) For proper appreciation of the case, it would be apt to look at the genealogy of family of parties. One Jhabar had three sons namely Kana Ram, Kesar Dev and Mahaveer. Mahaveer is victim of murder in this case. Appellant Vijay Prakash is son of Mahaveer, appellant Sohni Devi is wife of Mahaveer and appellant Ramswaroop is brother of Sohni Devi. The FIR named accused persons Kana Ram and Kesar Dev are brothers of the deceased. Bhagirath and Subhash are sons of Kana Ram and Kaushalya Devi is daughter of Kana Ram and FIR named accused Mahipal is son of accused Kesar Dev.