RAJU ALIAS CHHOTU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, three in number, were placed on trial before the learned Sessions Judge Sawai Madhopur in Sessions Case No. 36/1999. Learned Judge vide judgment dated March 22, 2000 convicted and sentenced the appellants as under:- (1) Raju @ Chhotu, (2) Prahlad and (3) Ratna: U/s. 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/- , in default to further suffer one month simple imprisonment. U/s. 324 IPC: Each to suffer rigorous imprisonment for six months and fine of Rs. 500/-, in default to further suffer fifteen days simple imprisonment. U/s. 323 IPC: Each to suffer rigorous imprisonment for two months and fine of Rs. 100/-, in default to further suffer five days simple imprisonment. All sentences were directed to run concurrently.

(2.) THE prosecution case as unfolded during trial is that on December 17, 1998 at 1. 10 PM informant Jai Narain (PW. 9) submitted a written report with the Police Station Behravanda Kala stating therein that dispute in regard to land existed between the complainant party and the accused party. At around 9. 30 AM when Jugraj (since deceased) the younger brother of the informant came to Khiradpur from Kuredi the accused persons Prahlad, Ratna, Jagga, Ram Gopal, Chhota @ Raju, Bharat, Kapoori, Prem, Rukmani, Chandra Kala, Ramsiya, Usha, Ram Gopal, Banty @ Lalit Kumar, Santi, Pappy, Nurki attacked on Jugraj with lathis, Gandasis and Axes. Prahlad, Bharat and Raju inflicted Gandasi blows on the head, neck and face of Jugraj Whereas Ratna, Ram Gopal and Jagga gave blows with axes on his hands, leg and back. Other accused gave lathi blows. THE incident had been witnessed by Heero (mother) and Savitri wife of Murari. When Heero tried to save Jugraj she was also beaten up. THE injured Jugraj while taken to Khdar died on the way. Police Station Behravanda Kal registered a case under Sections 147, 148, 149, 323, 324 and 302 IPC and investigation commenced. After usual investigation charge sheet was filed only against the accused Raju, Prahlad and Ratna. In due course the case came up for trial before the learned Sessions Judge Sawai Madhopur. Charges under sections 302 alternatively 302/34, 324 alternatively 324/34 and 323 IPC were framed against the accused, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 27 witnesses. In the explanation under Section 313 Cr. P. C. , the accused claimed innocence and stated that they have been implicated falsely because of enmity. No witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) IT is contended by learned counsel for the appellants that the testimony of Savitri (PW. 22) and Heero (PW. 24) the only eye witnesses examined by the prosecution, is untrustworthy since the witnesses examined by the prosecution, is untrustworthy since the presence of these witnesses at the time of occurrence is highly doubtful. According to Savitri she sustained injuries while making attempt to save the deceased but from her medical injury report (Ex. P. 9) no injury was found on her person. Dr. Govind Gupta (PW. 5) stated that she was only making complaint of pain. Savitri (PW. 22) and Heero (PW. 24) made material improvements in their statements at the trial. Smt. Heero (PW. 24) on the date of her statement was 70 years of age and in her cross examination she admitted that she was not in a position to see properly. Heero also sustained injuries and from the injury report a doubt creped in about the time of incident. Reliance is placed on Balaka Singh vs. The State of Punjab (AIR 1975 SC 1962), B. N. Singh vs. State of Gujrat (1990 UJ (SC) 617), State of U. P. vs. Moti Ram (1990) 4 SCC 389, Benguli vs. State of Orissa 1985 Cri. L. J. 580, Hallu vs. State of Madhya Pradesh (AIR 1974 SC 1936), Nain Singh vs. State of U. P. (J. T. 1991 (1) SC 596), Deepak Kumar vs. Ravi Virmani (2002) 2 SCC 737, Rajinder vs. State of Haryana (J. R. 2001 (3) SC 262), Jassa Singh vs. State of Haryana (2002) 2 SCC 481, Anter Singh vs. State of Rajasthan (2004 Cri. L. J. 1380) and Ram Narain vs. Jaggar Singh (AIR 1975 SC 1727 ).