BAJRANG LAL Vs. STATE

JUDGEMENT

(1.) BY this common order we propose to dispose of three connected criminal appeals as the same emanate from a common impugned order of conviction and sentence dated 25. 3. 2003 passed by learned Additional District & Sessions Judge (Fast Track), Jaipur, District Jaipur, whereas D. B. Criminal Appeal No. 573/2003 has been filed by Bajrang Lal @ Lala, Narsi Lal and Hanuman, D. B. Criminal Appeal No. 620/2003 has been filed by Om Prakash and D. B. Criminal appeal No. 1026/2003 has been filed by Suresh Sharma. Appellant Baranglal @ Lala has since been held guilty under Section 302 IPC and sentenced to undergo Life Imprisonment as also to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo six months imprisonment. He was also convicted under Section 201 IPC and sentenced to undergo Five Years Rigorous Imprisonment as also to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo six months imprisonment. He was also convicted under Section 498-A IPC and sentenced to undergo two years Rigorous Imprisonment as also to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo six months imprisonment. Appellants Narsi Lal & Hanuman have been held guilty under Section 498-A IPC and sentenced to undergo two years Rigorous Imprisonment as also to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo six months imprisonment. Appellants Om Prakash and Suresh have been held guilty under Section 302 IPC and sentenced to undergo Life imprisonment as also to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo six months imprisonment. They have also been held guilty under Section 201 IPC and sentenced to undergo Five Years Rigorous Imprisonment as also to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo six months imprisonment. Appellants Narsi Lal and Hanuman are real brothers of appellant Bajrang Lal. Om Prakash and Suresh are stated to be companions of Bajrang Lal in causing death of Laxmi W/o Bajranglal.

(2.) THE occurrence leading to death of Laxmi, as per prosecution version, had taken place on 22. 10. 1988 at 7-8 PM. FIR with regard to the incident was however lodged on 27. 10. 1998 by Bala Sagar Sharma PW1, father of the deceased. While unfolding the prosecution version he stated that he had married his daughter Laxmi on 4. 12. 1996 with Lala @ Bajrang Lal S/o Badri Narain Sharma, r/o Chhotiyoen Ki Dhani, Nayala. Even since her marriage, she was coming and going to her in laws. After her marriage, however, the elder brothers of the husband of Laxmi namely; Narsi Lal, Hanuman Sahai were annoyed as Narsi Lal wanted to marry his brother Lala with his sister in law (wife's sister ). For that precise reason these people used to torture his daughter. THEy also used to threaten her that she would be killed or else would be defamed. Narsi Lal also wanted to establish illicit relations with his daughter. Whenever Laxmi would come to her house she would make all these complaints to her mother Parvati and sister in law (Bhabhi) Smt. Shakuntala and Vimla. Parvati had told her all these things but they would counsel upon Laxmi and send her to the house of her in laws. When these people started troubling Laxmi more, then he brought her daughter to his house and ever since she was residing with him. Despite that the husband of Laxmi came to his house located at the well and after threatening his daughter to be killed, he went away. On 22. 10. 1988 in the evening at 7-8 his daughter Laxmi, Vimla and Ganga Sahai were present at his house located at the well. At that time Lala, Narsilal and Hanuman Sahai, all three came in the mini truck and by enticing took her at night in the mini truck. When Ganga Sahai and Vimla came to know about it they informed him at his house upon which he told them that he would go to the house of in-laws of Laxmi and enquire from them the reason for taking her at night without asking him. On 23. 10. 1998 he went to Chhotiyoen Ki Dhani and enquired from Narsi Lal, Hanuman and his son-in-law Lala @ Bajrang Lal, upon which all three told him that neither they had gone to his well nor they had brought Laxmi. When he told Badri Narain for meeting Laxmi, he told that Laxmi had not come there. He came back to the village and sent his son who also searched for Laxmi and made inquiry from the village people, who told him that they had not seen Laxmi. He further mentioned in the FIR that he had complete suspicion that these people had either killed his daughter or had concealed her somewhere.

(3.) THE prosecution also relied upon disclosure statement Ex. P. 48 dated 27. 10. 1998 made at 11. 00 PM by Bajrang Lal @ Lala and recovery of dead body pursuant to disclosure statement Ex. P. 48. Recovery of dead body was made on 28. 10. 1998 at 10. 30 AM. Om Prakash and Suresh too are also stated to have made disclosure statement with regard to dead body of Laxmi. THEse two persons, are however, stated to have made disclosure statement on 30. 10. 1998 at 4. 15 PM. Spade Ex. P. 17 is also stated to have been recovered from Bajrang on the basis of disclosure statement made by him. Laxmi Narain and Bajrang Singh PW. 6 and PW. 26 are stated to be attesting witnesses of the recovery memo of Phavda. Police is also stated to have recovered pent and shirt of Bajrang Ex. P. 18 on 1. 11. 1998. Recovery witness of Pent and Shirts are also Laxmi Narain and Bajrang Singh. On a disclosure statement made by the appellant Om Prakash, Police is stated to have recovered a knife Ex. P. 19 on 1. 11. 1998. Recovery witnesses on the recovery memos are again Laxmi Narain and Bajrang Singh. This appellant was stated to be wearing the shirt seized vide Ex. P. 21 on 11. 1. 1998. THE attesting witness of the recovery memo are once again Laxmi Narain and Bajrang. Suresh is also stated to be wearing pent and shirt seized vide Ex. P. 30 dated 1. 1. 98. THE witness who attested the recovery memo of pent and shirt are of Hanuman Sahai PW. 12 and Gopal PW. 13. THE police is also stated to have seized a mini truck on 2. 11. 1998. THE attesting witness of recovery were Laxmi Narain and Bajrang.