BAJRANGA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE two appellants, along with five others were placed on trial before the learned Special Judge (Communal Riots Cases) & Additional Sessions Judge Tonk in Sessions Case No. 4/1998. Learned Judge vide judgment dated May 25, 1999 convicted the appellants Bajranga and Balu for the offence under Section 302/34 IPC and sentenced each of them to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer two months rigorous imprisonment.

(2.) THE prosecution case as unfolded during trial is that on February 17, 1997 informant Bhoori (PW. 2) submitted a written report (Ex. P. 3) with the Police Station Sadar Tonk stating therein that at 9. 00 AM while she along with her husband Ram Niwas (since deceased) were proceeding towards their field on Moped, the accused Balu, Bajranga, Bhura, Babu and Ramu obstructed their part near Hotel of Pushkar. Balu inflicted knife blow on the chest of her husband as a result of which he fell down and then all the accused then caused injuries on his back. Her husband died on the spot. Police Station Sadar Tonk registered a case under Sections 147, 148, 149 and 302 IPC and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge (Communal Riots Cases) & Additional Sessions Judge Tonk. Charges under Sections 148, 302 and 323/149 IPC were framed against the accused, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 21 witnesses. In the explanation under Section 313 cr. P. C. , the accused claimed innocence. Three witnesses were examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants Bajranga and Balu as indicated herein above, but acquitted co-accused Ram Lal, Babu, Bhanwar Lal, Gopi Lal and Sukha.

(3.) GOPAL (PW. 4) stated that at 9, 9. 30 AM he was at his shop at Solanpura circle. At the tea stall Balu, Sukha and Bhura were taking tea and Gopi, Bajranaga also reached there. At that time Ram Niwas and his wife were going on Vikky towards Vajirpura. Balu called Ram Niwas and got him halted, Balu, Bhura, Sukha, Gopi, Bajranga & Babu thereafter surrounded him. Gopi then caught hold of Ram Niwas and Bajranga stabbed knife blow on his chest. When Ram Niwas tried to run Balu caused knife blow on his back. Ramu threw stones on him and Babu & Bhura gave legs and fists blows. Babu & Bhura also gave beating to wife of Ram Niwas. The incident had been witnessed by Buddhi Prakash also. Thereafter he, his father Jagdish and Meri Lal removed Ram Niwas to Hospital through camel cart. In cross examination he stated that he is running the shop of Grocery near the place of incident. He denied about the accident of vehicles of Ram Niwas and Balu and they quarreled with each other. He admitted that he did not try to intervene. He admitted that revenue dispute is pending between Gopi and Prahlad. He denied that Gopi and Sukha were not present at the time of incident.