JAGDEVA & OTHERS Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by the accused-appellants under Section 374(2) Cr.P.C. challenging the judgment and order dated 10.08.2005 passed by the Special Judge, SC/ST(Prevention of Atrocities) Cases, Sawaimadhopur(hereinafter referred to as 'the Trial Court') in Sessions Case No. 12/2004, whereby the learned Trial Court, while acquitting the accused-appellants for the offence under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities)Act, convicted and sentenced each one of them as under: <FRM>JUDGEMENT_356_LAWS(RAJ)2_2014_1.html</FRM>

(2.) The case of the prosecution is that a written report(Exhibit P-1) was submitted by one Ram Lakhan(P.W.2) which came to be registered at Police Station Ravanjana Doongar, District Sawaimadhopur at 4.00 A.M. on 30th September, 2003. The report was submitted by Ram Lakhan to the police at the place of incident at 4.00 A.M., when they reached the village on having received an information through control room. According to the report, it was at about 11.30 P.M. on 29th September, 2003, his brother Kamlesh was sleeping on a cot in front of his house. The accused persons Prahlad, Jagdeva and Harnarayan and Kamlesh had suddenly come to his place and committed murder by pressing his neck with a lathi. When Dwarka(P.W.1), mother of the deceased raised a cry, then Prahlad had threatened her on a gun point. Further, it was mentioned in the report that informant Ram Lakhan was sleeping in a nearby field and on hearing the hue and cry, he came to the place of incident and saw the accused-persons running away. Thereafter, he found that his brother Kamlesh could speak and as such, he gave a call to the persons living in the neighbourhood. The persons of neighbourhood collected at the place of incident and after examination, they declared that Kamlesh was dead. Accordingly, it was requested in the report that appropriate action be taken and the guilty persons be punished.

(3.) On the aforesaid written report, regular First Information Report No. 121/2003(Exhibit P-2) was registered at Police Station Ravanjana Doongar, District Sawaimadhopur at 7.30 A.M. on 30th September, 2003 for the offences under Sections 448 and 302 I.P.C. and under Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. Upon registration of the case, the investigation commenced during which the police had drawn the site plan, inquest report, got the postmortem conducted and recorded the statements of the prosecution witnesses. After arrest of the accused persons and on their information and instance weapon of offence was recovered. On conclusion of the investigation, police filed challan against the present appellants and had dropped Prahlad from the accused before the concerned Magistrate. Then, the case was committed to the Court of Sessions, Sawaimadhopur from where it came to be transferred to the learned Trial Court. Learned Trial Court framed charges against the accused-appellants for the offence under Section 447 and 302/34 IPC and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities)Act. The accused-appellant denied charges and claimed for trial. The prosecution, in support of its case, had produced 22 witnesses and got 21 documents exhibited. Later on statements of accused-appellants were recorded under Section 313 Cr.P.C. wherein they had denied the allegations and mentioned that they have been falsely implicated due to enmity. In their defence, accused-appellants had produced 6 witnesses and got 16 documents exhibited.