BADRI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THREE `history Sheeters', as per the ocular evidence were cruelly murdered by the assailants with fire arms and sharp edged weapons but the autopsy reports did not reveal gun shot injuries. This consistency persuaded learned counsel to canvass that conviction of the appellants was virtually a `moral conviction'. The question therefore emerges in these appeals is as to whether the distance of the prosecution story between `may be true' and `must be true' is bridged by legal reliable and unimpeachable evidence.

(2.) AS many as seventeen accused persons faced trial in Sessions Cases No. 83/2001, 137/2000 and 60/2002 before the learned Additional Sessions Judge No. 1 (Fast Track) Kota (for short `trial judge') who vide Judgments dated September 22, 2001, November 22, 2001 and September 23, 2003 acquitted three but conviction and sentenced fourteen as under:- (1) Prabhu Lal, (2) Ram Charan, (3) Akheraj, (4) Nand Bihari, (5) Shiv Prasad, (6) Durga Shankar, (7) Bhagirath, (8) Sita Ram, (9) Kanhaiya Lal @ Kana, (10) Badri Lal, (11) Daulat Ram, (12) Radhey Shyam s/o Raghunath, (13) Bhawani Shankar and (14) Radhey Shyam s/o Heera Lal: U/s. 148 IPC: Each to suffer rigorous imprisonment two years and six months and fine of Rs. 1000/-, in default to further suffer seven days simple imprisonment. U/s. 302/149 IPC: Each to suffer life imprisonment and fine of Rs. 5000/-, in default to further suffer one month simple imprisonment. The substantive sentences were directed to run concurrently.

(3.) DECEASED Khem Raj vide post mortem report (Ex. P. 28) received ante mortem injuries thus:- " Lacerated wound 1 over outer side of Rt. orbit size 2" x 2" x 1" Three lacerated wounds over occipital region size 3" x 2" Lacerated wound over Lt. leg, medial size, size 1/3' x 1/3" x 1 shape no fragments of bullets of vailatin. The cause of death in the opinion of doctor was cerebral haemorrage following head injury. "