SHIV CHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, four in number, faced trial in Sessions Case No. 108/2001 before the learned Additional Sessions Judge (Fast Track) Gangapur City (for short `trial judge') who vide Judgment dated October 22, 2002 convicted and sentenced the appellants as under:- Shiv Charan, Kedar, Nehru and Bhoriya: U/s. 302/149 IPC: Each to suffer life imprisonment and fine of Rs. 2000/-, in default to further suffer six months simple imprisonment. U/s. 148 IPC: Each to suffer rigorous imprisonment three years and fine of Rs. 500/-, in default to further suffer three months simple imprisonment. Substantive sentences were directed to run concurrently.

(2.) THE prosecution case is that the informant Batti Lal (PW. 1) submitted a written report (Ex-P-1) at the Police Station Bamanwas on August 28, 2000 to the effect that around 9. 00 AM on the said day while his brother Prahlad (now deceased) was grazing buffaloes, the appellants along with one Mahesh belaboured Prahlad and inflicted injuries on his person with lathis. Mahesh gave blow on the head of Prahlad whereas the appellants inflicted lathi blows. Kedar pushed Prahlad under the Tractor. Prahlad was taken to local hospital from where he was referred to Jaipur but on the way to Jaipur he died. On the basis of said report a case under Sections 147, 148, 149 and 302 IPC was registered and investigation commenced. Autopsy on the dead body was performed, appellants were arrested, necessary memos were drawn and on completion of investigation charge sheet was filed against the appellants and investigation against Mahesh was kept pending since he was absconding. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Tract) Gangapur City. Charges under Sections 148 and 302/149 IPC were framed against the appellants who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 15 witnesses. In the explanation under Section 313 Cr. P. C. , the accused claimed innocence and examined one witness in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) MAHENDRA Singh (PW. 2) deposed that while Prahlad was grazing buffaloes in the morning Mahesh armed with iron rod and the appellants with lathis came over there, Mahesh inflicted blow with iron rod on the head of Prahlad and Shiv Charan gave lathi blow on the left side of face. Nehru then pushed Prahlad with tractor thereafter all the assailants fled. Prahlad was then removed to Hospital but on the way to Jaipur he died. This witness was declared hostile. In his cross examination he admitted that Prahlad was his cousin.