KHANNA AND OTHERS Vs. STATE

JUDGEMENT

(1.) This D.B. Criminal appeal has been filed by accused-appellants, namely, Khanna Silo Rameshwar, Ladu S/o Ratna and Hemraj alias Hema s/o Sawai Ram against the judgment passed by the learned Addl. Sessions Judge (Fast Track), Bhilwara in Sessions Case No. 10/2001 State Vs. Khanna and others whereby the accused appellants have been convicted and 5 sentenced under Sec. 302/34 Penal Code for life imprisonment and a fine of Rs.1,000.00 and in default thereof to further undergo three months R.I., under Sec. 323/34 Penal Code for one year's R.I., and under Sec. 342/34 three months R.I. The substantive sentences were ordered to run concurrently.

(2.) Briefly stated, the facts of the present case are that PW5 Smt. Radha w/o Manoharlal (PW6) lodged a written report Exhibit P/5 in the Police Station, Kotwali, Pratap Nagar, Bhilwara on 6.10.1999 at about 4 AM stating inter alia therein that accused viz. Khanna, Ladu. and Prema came at the house of one Smt. Badli her niece and took with them Sikandar (since died, hereinafter referred to as 'the deceased') on a false allegation of theft. P10 Sanjay came at the well of one Shri Kanji and informed her in the evening at about 6 PM that accused were beating Sikander at the house of accused Khanna. On hearing this, she alongwith her husband PW6 Manohar immediately rushed to the house of Khanna and saw that accused Ladu, Khanna, Hema, Prema. Ladu, Radheyshyam, Rameshwar, Smt. Vishnu w/o Khanna, Smt. Roshni w/o Sawai Ram, Sayari w/o Kalu, Rekha w/o Ladu. Teeka w/o Radheyshyam were beating his son the deceased with the cycle chain, lathis, iron pipe and wooden sticks. It is further averred that when she and her husband tried to save their son, accused tied them respectively with a stone and a mangrove three (babool) and they were also given beatings by the accused persons. It is further stated that the accused tied both legs of the deceased with a rope and was overturned i.e. his head was kept towards the earth side and legs upwards in the opposite direction. The accused also dragged the deceased subsequently and inserted red chillies in his anus Sikandar died on account of merciless beatings however both of them managed to get themselves released by untying themselves. It is further averred that the deceased was married to the daughter of the brother of accused Rameshwarlal three years before the incident and on account of not sending his wife they were in inimical terms and for that reason on a false allegation of theft her son was taken by the accused persons, beaten and done to death.

(3.) On the above report Exhibit Pit Criminal Case No. 438/1999 under Sections 147, 148, 342, 323, 302/149 of the ICP was registered and a regular FIR exhibit P/6 was chalked out and investigation commenced.