KAJOD SINGH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants eleven in number, were the accused on the file of learned Additional Sessions Judge, Sambhar Lake, District Jaipur bearing Sessions Case No. 12/1997. Learned Judge vide judgment dated March 7, 2003 convicted and sentenced the appellants as under:- <FRM>JUDGEMENT_89_LAWS(RAJ)9_2004_1.html</FRM> The substantive sentences were directed to run concurrently.

(2.) It is the prosecution case that a written report (Ex. P-49) was lodged by Chog Singh (P.W. 1) at the Police Station, Phagi on Nov. 11, 1996 at 4.00 p.m. with the averments that around 12 noon while he was grazing catties on the way of Anrota, Kajod snatched lathi from his hand and inflicted blows on his person. Chog Singh managed to save himself and came back to his house where he was taken care of by Rukma, his son's daughter. After some times the appellants and one Prahlad Singh armed with lathis, pharsis, axes and swords arrived there and gave beating to Rukma with lathi. On hearing her hue and cry, Ram Singh (informant's elder son) suddenly appeared and he was given beating with pharsis and swords. When Hari Singh, Bhagwan Singh, Shambhu Singh, Jana and Bhanwar attempted to intervene they were also beaten with lathis and Pharsis, Police Station, Phagi registered a ease under Sections 148, 149, 341, 323, 324, 307 and 452, Indian Penal Code and investigation commenced. During investigation Injured Ram Singh succumbed to his injuries and case was converted under Sec. 302,1.P.C. On completion of investigation charge-sheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge, Sambhar Lake, District Jaipur. Charges under Sections 148, 323, 325 alternatively Sections 325/149, 449, 302 alternatively Sections 302/149 and 307 alternatively Sections 307/149, I.P.C. were framed against the appellants. The proceeding against the accused-Prahlad Singh was initiated before the Court of Juvenile Justice as he was a child at the time of incident. The prosecution in support of its case examined as may as 27 witnesses. In their explanation under Sec. 313, Cr. P.C., the appellants claimed innocence, however, no defence evidence was adduced. Learned trial Judge on hearing the final submissions convicted and sentenced the appellant as indicated hereinabove.

(3.) The prosecution case is founded on the testimony of witnesses Chhog Singh (P.W. 1) informant, Harji Singh (P.W. 2), Chand Kanwar (P.W. 3), Rukma Kanwar (P.W. 4), Jyana Kanwar (P.W. 5), Bhanwar Kanwar (P.W. 6), Shambhu Singh (P.W. 10), Bhagwan Singh (P.W. 22), Geeta Kanwar (P.W. 24) and Gujraj Kanwar (P.W. 25). Version of these eye-witnesses has been supported by the evidence of Dr. Seema Sharma {P.W. 9), Dr. Kuldeep Mahendirata (P.W. 14), Dr. Raghuraj Kishore Vyas (P.W. 19) and Dr. Sheetal Jain (P.W. 23), who examined the injuries sustained by the witnesses and performed autopsy on the dead body of Ram Singh.