BESWA AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19th June, 1992 of Additional Sessions Judge, Bundi, whereby the appellants have been convicted and sentenced as under:- <FRM>JUDGEMENT_70_LAWS(RAJ)8_19941.html</FRM>

(2.) On 2.10.1990, at about 1.45 pm, complainant Man Singh gave an oral report at Police Station Kota Dam alleging that he is resident of Jhabua and doing labour work at the mines of Ghanshyam, contractor. Some other Bheels also came for labour work in the mines. He further alleged that yesterday at 5.00 p.m., he along with his brother-in-law Chittu went to Lamba Khch village for grocery items. In Malba Khoh, accused Beswa, Pratap and Richhu met them. They arc also labourers in the mines and known to them and distant relations also. The after purchase of grocery and house-hold items, deceased and informant left Lamba Khoh at about 9 p.m. and after crossing the river, they reached near the way to Badpu. At that time the accused appellants were following them and Pratap gave call from the other side of river and asked to stop. Accused Richhu, Beswa and Pratap came near to the complainant and deceased. Accused Richhu abused his brother-in-law (Chittu) and told that he has ill-intention towards his wife and molested her. Chittu said that he has not molested his wife. On that, there was scuffle and Chittu was knocked down by Beswa, and accused Richhu took a stone and hit on the head of Chittu. Then Pratap also look another stone and hit on the head of Chittu. Accused Beswa has caught hold the complainant. Result of these injuries was that brain matter of Chittu has come out and he died on the spot. The complainant tried to intervene but Beswa has given one stone blow on the leg of complainant. Thereafter complainant went to the house of his father-in-law Chandu and brother-in-law Raju in village Ganeshpura. They all came at the place where dead body of deceased Chittu was lying. The FIR was lodged and the matter was investigated by I.O. Surendra Vyas. During investigation, the site plan and panchnama of dead body of deceased were prepared. Blood stained clothes of deceased were seized and scaled and sent to FSL for report and two blood stained stones were also seized and sealed and sent to FSL for report. The post mortem of the dead body was got conducted. The statements of witnesses were recorded under section 161 Crimial P.C., and thereafter, challan has been filed against all these three accused appellants for the aforesaid offences. The accused appellants have not pleaded guilty and asked for trial During trial, the prosecution has examined as many as 10 witnesses and thereafter the statements of accused appellants were recorded under section 313 Crimial P.C.

(3.) Considering the material on record, the learned trial court came to the conclusion that prosecution has proved its case beyond reasonable doubt that accused appellants have committed the murder of Chittu. Therefore, the accused appellants have been convicted and sentenced as aforesaid. Being aggrieved, the accused appellants have preferred this appeal.