BHAGIRATH & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellants have preferred this appeal under Section 374(2) Cr.P.C. against the judgment dated 15.04.2006 passed by the learned Additional District and Sessions Judge, Rajgarh, District Alwar in Sessions Case No.18/2002, whereby he has convicted and sentenced them as under:

(2.) Instant criminal case arises out of a report lodged by one Mohar Singh Yadav son of Mitthan Lal Yadav. It is alleged in the report that he alongwith his brother Ranjeet had gone to Rajgarh. In Machri Chowk, they had met Ghisaram, Bhagirath, Kala, Kajodmal, Ramjilal, Hardayal and Giriraj Jogi, all resident of Baad Doroli. These persons are said to have told the informant and his brother that the girl is not changing her statement and therefore let us go to the village and collect some respectable persons so as to have the matter compromised. The informant and his brother replied that they may proceed for the village and they would be coming in a jeep. Thereafter, near the Gole Chakkar, they had met Smt. Kishni, a resident of their village and she had come to the market for selling vegitable (Tinda). While the informant and his brother were talking to the said lady, the aforesaid persons belonging to the accused party had come also there. They had asked the informant and his brother to come with them on their motorcycle so as to reach the village early. Accordingly, the deceased Ranjeet sat on one of the motorcycle alongwith the accused Bhagirath, Ghisaram and Kala and then they proceeded to their village. Later on, the informant Mohar Singh and Smt. Kishni boarded a bus and reached the village. The informant had then gone to his house and inquired from his family members about Ranjeet. He was informed that he had not reached so far. The informant had then thought that Ranjeet may be busy in collecting some elderly people of the village to call a meeting for settling the issue about the girl who was in custody of the brother of the deceased, namely Vijay Singh. When the informant had gone towards the village and reached the house of Lalaram, the Sarpanch, a jeep belonging to the Cooperative Bank had come to the house of the accused Ghisa Jogi. The bank employees had then informed that a person was being given beating in the house of Ghisa Jogi. Thereafter, the complainant rushed to the house of Ghisa and found that the accused persons had assembled and his brother was lying on the ground with profuse bleeding.

(3.) The concerning Magistrate had thereafter committed the case to the Court of Sessions. The Sessions Court had then transferred the same to the Additional District and Sessions Judge, Rajgarh, District Alwar. The trial commenced in the Court of Additional District and Sessions Judge, Rajgarh with framing of charges against the accused appellants. The charges against Bhagirath, Ramniwas and Ghisaram were framed for the offences under Section 147, 148, 364, 302 and 120-B IPC and against the accused appellants Ramjilal, Hardayal, Giriraj and Kajod were framed for the offences under Section 147, 364, 302/149 and 120-B IPC. Similarly, the charges against the accused Smt. Chhoti were framed for the offences under Section 147, 302/149 and 120-B IPC. All the accused persons denied the charges and claimed for trial.