PHOOLU & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved of the judgment dated 06th April, 2004 passed by the learned Additional Sessions Judge (Fast Track) No.3, Bharatpur, Camp Bayana in Sessions Case No.141/2003 (15/1998), the accused appellants have preferred this appeal. Subsequently, the accused appellants Suraj son of Prabhu died in jail and his appeal stood abated. The learned trial court had convicted and sentenced the accused appellants as under: <FRM>JUDGEMENT_389_LAWS(RAJ)1_2014_1.html</FRM>

(2.) The prosecution case arises out of FIR No.445/1997 lodged by Roshan son of Naniga at 3.45 p.m. on 20.10.1997 at police station Roopbas district Bharatpur. An incident in the present case had taken place at about 5.00 p.m. on 19.10.1997. As per the report, the informant and others were sitting at their house, after having returned from their daily work. At that time, accused Suresh, Rajjo, Phuloo, Suraj, Som Prakash, Jaggo, Ram Prasad, Rajendra, Gordhan brother-in-law of Jaggo, Malla, Nathya and Rasso, came duly armed with various weapons and attacked Hari Mohan and his family members. This resulted in death of Hari Mohan and other persons were injured. After getting the medical examination conducted, the injured were taken at about 9.00 p.m. on 19.10.1997 to the hospital at Roopbas and thereafter they were referred to the General Hospital, Bharatpur. After a short while, Hari Mohan died and Roshan, Pappu and Mukesh were other persons who had sustained injuries. Rajjo is said to have inflicted injury on the head of Hari Mohan, who fell down. Accused Suraj, Phoolu and Suresh inflicted injuries on the neck by hockey sticks. Suraj and Phoolu also inflicted injuries on the head. The condition of Hari Mohan then deteriorated and he died during the treatment being given at General Hospital, Bharatpur. The medical treatment to other three pesons had continued. The allegations in respect of remaining accused was that they pelted stones, inflicted injuries by lathis and hockey sticks on other members of the family.

(3.) On the aforesaid report, an FIR No. 445/1997 was registered for the offences under sections 147, 148, 149, 452, 323 and 302 IPC and the police started investigation.