BUDDHI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instantappeal has been filed by seven appellants questioning the correctness of the judgment dated July 7, 2000 of the learned Special Judge-cum-Additional Session Judge, Alwar whereby the appellants Were convicted and sentenced as under .: Buddhi Lal. Dinesh, RaJendra, Ashok Kumar, Brij Mohan, Bhagchand and Om Prakash: U/S 302/149, IPC Each to suffer Imprisonment for Life and fine Rs. 1000/-, in default to further suffer six months rigorous Imprisonment U/S 148, IPC Eact to to suffer Rigorous Imprisonment for three years U/S 447, IPC Each to suffer Rigorous Imprisonment for three months. U/s 325/149, IPC Each to sufffer Rigorous Imprisonment for five years and fine of Rs. 500/-, in default to further suffer three months Rigorous Imprisonment U/s 324/149, IPC Each to suffer Rigorous Imprisonment for two years U/s 323/149, IPC Each to suffer Rigorous Imprisonment for one year. All the sentences were ordered to run concurrently.

(2.) As per the prosecution case, a written report (Ex. P-1) was submitted by Munni Ram at Police Station Khedli. District Alwar on September 2, 1994 at 8.30 p.m. to the effect that on September 2, 1994 at 8.30 p.m. to the effect that on September 2, 1994 at 6.30 p.m. while complainant party was ploughing their field. Buddhi, Bhag Chand, Rajendra, Om Prakash, Vijay, Sampat, Manohri, Ashok and Brij Mohan armed with Pharsas, Ballam and lathis came there on a tractor which was driven by Dinesh. Tractor was deliberately pushed towards Chhuttan (now deceased) who fell down and his legs were crushed. Buddhi then exhorted to kill Chhuttan and inflicted blow with Pharsa on his head, Rajendra gave blow with Ballam and others with lathis on the legs of Chhutan. When Khushi Ram (P.W. 6) and Phool singh (P.W. 7) made attempt to save Chhuttan, Rajendra gayer blow with Ballam on the back of Khushi Ram and Sampat and Ashok gave blows with lathi and Pharsa on his legs and hand. Vijay and Om Prakash gave blows with lathis On the back of Phool Singh. Chhuttan died at the spot and his dead body was taken to his house by the complainant party. On the basis of said information a case under Sections 147, 148, 149, 302, 323 and 447, IPC was lodged and investigation commenced. The investigation was kept pending against accused Manohri and Vijay and the charge sheet was filed against other accused. In due course the case came for trial before the learned Special Judge-cum-Additional Sessions Judge, Alwar. Charges under Sections 302, 148, 323, 324. 325. 326, 447 with alternate charge under Section 149, IPC were framed. The accused denied the charges and claimed trial. The prosecution in support of its case examined as many as 18 witnesses. In their explanation under Section 313, Cr. P.C. the accused claimed innocence. No witness in defence was however examined. On hearing final submissions, the learned trial Judge convicted and sentenced the appellants as indicated above.

(3.) Before proceeding further, we shall briefly refer to the post-mortem report (Ex. P-14) and the evidence of Dr. Ananya Goswaml (P.W. 10). the Medical Officer who performed autopsy on the dead body and noticed following ante-mortem injuries :