RAJENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal is filed by eight appelalnts namely Rajendra alias Raju Anil Kumar, Chander Pal, Sahi Ram Suresh Kumar, Rajesh, Smt. Kamlesh and Smt. Vidhya being aggrieved by the decision of the Court of Addl. District & Sessions Judge, Rajgarh in Sessions Case No. 27/96 dated 17-5-2001. By the impugned judgment the learned trial Court has convicted and sentenced the accused appellants as under :- OFFENCE U/S ACCUSED PERSONS SENTENCE FINE IN DEFAULT OF FINE 148 IPC 302/149 IPC 307, 307/149 IPC All the accused persons 1 Year's R.I. Life Imprisonment 5 Years R.I. 5000/-2000/- Six Months R.I. 2 Months R.I.

(2.) The prosecution was initiated on the basis of FIR which was lodged by injured Gopal Ram at Police Station, Hamirvas. On the basis of statement given by injured Gopal Ram, Criminal Case No. 164/97 was registered at Police Station, Hamirvas and investigation was conducted. Charge sheet was submitted before the committal Court and after commitment case came before the trial Court for trial. Charges were framed against the accused persons under Ss. 148, 302/ 149; 307/149,I.P.C. Charge sheet was filed against the six accused persons only and two accused appellants Smt. Kamlesh and Smt. Vidhya were not found guilty by the Investigatirtg Agency. On the framed charges against the challan accused trial proceeded.

(3.) At the trial, after recording of the statement of witnesses, an application dated 24- 4-99 was moved on behalf of the prosecution under S. 319, Cr. P. C. The application was accepted by the order of the trial Court dated 5-6-99 and accused Smt. Kamlesh and Smt. Vidhya were also considered to be impleaded as accused. After these accused persons were added as accused, statements of witnesses were again recorded at the trial. In all, prosecution examined 23 witnesses and tendered 83 documents in evidence. The accused were examined under S. 313, Cr. P. C. They denied the prosecution case. Eight witnesses were examined in defence and 13 documents were exhibited.