MOTI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE two appellants faced trial in Sessions Case No. 259/2001 before the learned Additional Sessions Judge (Fast Track No. 2) Jhalawar (for short `trial judge') who vide Judgment dated April 26, 2002 convicted both the appellants under Section 302 read with 34 IPC and sentenced each of them to suffer life imprisonment and fine of Rs. 1000/-, in default to further suffer six months simple imprisonment.

(2.) AS per prosecution story on May 13, 1999, Sultan Khan, SHO Police Station Raipur (District Jhalawar) (PW. 19) reached to the Hospital Raipur and recorded parcha bayan of Smt. Badam Bai (PW. 17) whose husband Purilal and son Shyam were admitted to the hospital in an unconscious state. In the Parcha Baryan (Ex. P. 8) Badam Bai stated that Hazari illegality cut `khejri tree' from their land and when her husband protected Hazari hurled abuses at him. Around 12. 30 PM on the said day when her husband had gone to the market Hazari and Motilal (appellants) belaboured her husband and inflicted lathi blow on his head. On hearing the cries of her husband she and her son Shyam rushed to the spot. Appellants Hazari and Motilal then gave blows on the person of Shyam with axe and lathi Purilal and Shyam were immediately removed to the Hospital Raipur. On the basis of the statement of Badam Bai a case under Sections 341, 323, 325 and 34 IPC was registered and investigation commenced. Purilal and Shyam succumbed to their injuries on May 16, 1999 and Section 302 IPC was added Autopsy on the dead bodies was performed, appellants were arrested necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track No. 2) Jhalawar, Charges under Section 302 alternatively 302, 34 IPC were framed against the appellants who denied the charges and claimed trial. The prosecution in support of its case examined as many as 19 witnesses. In the explanation under Section 313 Cr. P. C. , the accused claimed innocence and stated that have been implicated falsely. Motilal stated that Purilal and Shyamlal came armed with weapons at his house and beat him due to which his left hand fractured and there were other fractures also on his leg. Hajari took the plea of alibi. However, no evidence in defence was adduced. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) PER contra, learned Public Prosecutor supported the impugned judgment and canvassed that the appellants inflicted injuries with sufficient force and caused death of two persons. As the appellants had shared common intention, they have been rightly convicted under Section 302 read with 34 IPC. Reliance is placed on Virsa Singh vs. State of Punjab (AIR 1958 SC 465 ).