THANDI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, three in number, along with Mukesh, (herein after to be referred as `accused') have impugned the judgment dated July 18, 2001 of learned Additional Sessions Judge (Fast Track) Hindaun in Sessions Case No. 123/2001 (44/97), whereby the accused have been convicted and sentenced as under:- (1) Thandi Ram and (2) Ghamandi: U/s. 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 10000/-, in default to further suffer six months simple imprisonment. U/s. 323 IPC: Each to suffer simple imprisonment for one month and fine of Rs. 200/-, in default to further suffer fifteen days simple imprisonment. (3) Madan: U/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 10000/-, in default to further suffer six months simple imprisonment. U/s. 3/25 Arms Act: To suffer simple imprisonment for one year and fine of Rs. 300/-, in default to further suffer one month simple imprisonment. Sentences were directed to run concurrently.

(2.) THE prosecution story is woven like this on March 4, 1997 a written report was submitted by Girdhari (PW. 14) at the police station Todabhim to the effect that Thandi Ram and Madan, who were armed with guns, opened fire at Vishram. Ghamandi then said that Vishram was still alive but he deserved death, therefore Ghamandi also opened fire at Vishram. All these persons killed Vishram with lathis, Pharsi and stones. Police Station Todabhim while incorporating the report in the FIR register noted the oral information of Girdhari that is wife Prem and daughter Guddi also sustained injuries and they were lying near the dead body of Vishram. A case under sections 147, 148, 149, 323, 447 and 302 IPC was registered and investigation commenced. Statements of witnesses were recorded. Dead body was subjected to post mortem. Necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the Learned Additional Sessions Judge (Fast Track) Hindaun. Charges under Section 302 and 323 IPC were framed against the accused, additional charge under section 3/25 Arms Act was framed against Madan. THE accused denied the charge and claimed trial. THE prosecution in support of its case examined as many as 17 witnesses. In the explanation under Section 313 Cr. P. C. , the accused claimed innocence. Accused Thandi Ram stated that Prem and Guddi came to his house and hurled abuses at them. He came to know that members of Motor-cycle gang killed Vishram. Two witnesses were examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) TESTIMONY of Indraj (PW. 13) has been assailed by learned counsel on the following grounds:- 1. He is near relative of deceased. 2. He changed the manner and place of the occurrence. 3. He did not come to lodge the report with Girdhari (PW. 14) and went to meet his father. 4. He had no knowledge that Vishram had died. 5. Although he was available on the day of incident and put his signatures on site plan, but his statement was recorded after 3 days of the incident. 6. Although on the Inquest report (Ex. P. 15) put his signatures at 2. 45 PM, but he stated at the trial that he had gone to meet his father at Todabhim.