CHHOTE LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, three in number, along with Smt. Lali (wife of deceased Shravan) faced trial in Sessions Case No. 14/99 before the learned Special Judge, Scheduled Caste/scheduled Tribe (Prevention of Atrocities) Cases Dausa (for short `trial judge') who vide Judgment dated July 20, 2002, while acquitting co-accused Lali, convicted and sentenced the appellants as under: Peeru Shah, Shafi Shah and Chhote Lal: U/s. 302 & 302/34 IPC: Each to suffer life imprisonment and fine of Rs. 1000/-, in default to further suffer three months simple imprisonment. U/s. 449 IPC: Each to suffer rigorous imprisonment two years and fine of Rs. 500/-, in default to further suffer one month simple imprisonment. U/s. 201 IPC: Each to suffer rigorous imprisonment eight months and fine of Rs. 1000/-, in default to further suffer one month simple imprisonment. U/s. 3 (2) (v) SC/st (PA) Act: Each to suffer life imprisonment and fine of Rs. 1000/-, in default to further suffer three months simple imprisonment. Substantive sentences were directed to run concurrently.

(2.) ON December 9, 1998 some unknown person gave information to the villagers of village Kasba about the death of Shravan by pasting a paper on the wall of a temple. It was alleged in the paper that Shravan's wife Lali, Peera and Shafi killed Shravan and threw the dead body into a well. The paper (Ex. P-42) reads as under:

(3.) INFORMANT Ram Kishan (Pw. 1) in his deposition stated that his uncle had shadow of some deity therefore the people used to seek his advice for resolving their grievances. Absence of his uncle from the village for a long time made him anxious but his aunt Lali told him that his uncle had gone out with two persons on a motor cycle. After few days somebody pasted a paper on the wall wherein it was written that Peeru. Shafi and Lali murdered Shravan. Just about two days after while the informant, Chhaju Ram. Sita Ram and Sunder were sitting outside the office Peeru and Chhote Lal Kumhar came to them and confessed that they both with the help of Lali killed Shravan. The informant then lodged the report at police station Bandikui. In the cross examination Ram Kishan stated that the deceased had four daughters and one son. He also stated that he and deceased jointly possessed agricultural land. He got the paper exhibited, which according to him, was pasted on the wall of temple. He denied this suggestion that the paper was written and pasted by a member of his family because he wanted to grab the agricultural land belonging to Shravan and therefore they killed Shravan. Sunder Lal (Pw. 2), cousin of informant, and Sita Ram (Pw. 7) corroborated the testimony of Ram Kishan.