HAJARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant appeal is directed against the Judgment dated 25. 02. 2003 passed by the learned Additional Sessions Judge (Fast Track) No. 1, Jhunjhunu whereby accused- appellants Hajari, Gopal, Mohan, Ummed Singh and Dharamveer have been convicted for the offences under Sections 147 and 307/149 IPC and sentenced to suffer R. I. for two years and a fine of Rs. 500/-, in default to further suffer S. I. for one month and to suffer R. I. for ten years and a fine of Rs. 2,000/- in default to further suffer S. I. for four months each respectively. Both the substantive sentences were ordered to run concurrently.

(2.) BRIEFLY stated, the facts of the prosecution case are that on on 26. 3. 1996 `parcha-bayan' Ex. P14 of PW10 Indrapal S/o Harlal Singh, by caste-Jat, aged 32 years, R/o Kithana, P. S. Chidawa was recorded at 11. 05 p. m. by PW14 Prahlad Singh, ASI, P. S. Kotwali, Jhunjhunu in B. D. K. Hospital, Jhunjhunu wherein it was stated by Indrapal that today at about 7. 30 p. m. he alongwith Raghuveer was coming to his village Kithana from village Sultana by Jeep No. RJ-18c-1241. He was driving the jeep. When they reached near village Kithana, accused Ummed, Daleep, Dharamveer, Gopal, Mohan and Hajari came in Jeep No. RJ-18c-1177 and stopped their jeep in front of his jeep whereupon he also stopped his jeep. All the accused were armed with sariya (iron-rod) and lathies. Accused Ummed hit his jeep with sariya. Thereafter the accused dragged him out the jeep. Accused Ummed exhorted the remaining accused to kill him whereupon they assaulted him with lathies and iron-rods and caused injuries on his legs and forearms. Subhash. Ashok and Raghuveer intervened and rescued him. Thereafter accused- appellants and Daleep fled away. Raghuveer, Subhash and Ashok took him to Jhunjhunu from the spot and got him admitted in the hospital. On the basis of the `parcha-Bayan' Ex. P14, FIR was registered at P. S. Chidawa and investigation commenced. On completion of investigation a charge-sheet was filed against the accused-appellants and co-accused Daleep in the Court of Judicial Magistrate, Chidawa who committed the case to the Court of learned Sessions Judge, Jhunjhunu.

(3.) IT was contended by the learned counsel appearing for the appellants that the appellants were falsely implicated in this case on accused of previous enmity. As per his contention, PW10 Indrapal met with an accident when he was coming to his village by his jeep and sustained injuries. Learned counsel further contended that the alleged eye-witnesses PW2 Subhash and PW15 Ashok Kumar have not supported the prosecution and, therefore, the prosecution has failed to being home the charges framed against the appellants.