CHHOTA @ KOKA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal filed by three appellants namely; Chhota @ Koka, Lala @ Lalchand and Rajesh is directed against the judgement dated 05.07.2007 passed by Additional Sessions Judge (Fast Track) No.1, Jaipur City, Jaipur in Sessions Case No.79/2006 by which each of them have been convicted for offence under section 302, 341 and 323 IPC. While they have been sentenced to life imprisonment for conviction under Section 302 of IPC with fine of Rs. 2,000, in default whereof to further undergo simple imprisonment of six months, they have been awarded simple imprisonment of one month for conviction under section 341 and simple imprisonment of one year for conviction under section 323 of IPC. All the sentences were ordered to run concurrently.

(2.) Brief facts of the case are that on 2.7.2006, complainant-Radhey Shyam @ Bunti (PW1) lodged a written report (Ex.P1) at Police Station Jyoti Nagar, Jaipur alleging therein that in the night of 1.7.2006 at around 7.30 p.m., he along with his brothers Ravi and Shekhar @ Suraj went to Valmiki Harijan Basti to collect money from the contractor, but the contractor was not found there. When there were returning back, on the way near the temple of Hanumanji, Koka @ Chhota, Lala, Rajesh etc. intercepted them and started abusing them. Koka was having an iron rod, Lala was having a lathi, Sandeep was having a stick and Rajesh was having a lathi in his hand. They started beating them. When he tried to intervene, they also tried to beat him. Shekhar @ Suraj fell down and thereafter, they ran away. Shekhar @ Suraj was brought to the house in unconscious condition and thereafter, he was taken to the emergency ward of SMS Hospital and in the night at around 11 p.m. Shekhar @ Suraj had died. Doctor informed him that the deceased had died on account of head injury and he should take necessary steps in this regard, therefore, he is lodging this report. On the basis of aforesaid report of the complainant, police registered a case FIR No. 133/2006 for the offences under section 147, 148, 149, 341, 323, 302 IPC and started the investigation. After conclusion of investigation, police submitted charge sheet against the accused-appellants for the offences under section 302, 323, 341 and 34 IPC. On committal, learned trial court framed charge against the accused-appellants for the offences U/s. 341, 323, 302 IPC. The prosecution examined as many as 20 witnesses and also exhibited 35 documents and 7 articles. Defence however exhibited only 2 documents. The trial court after conclusion of the trial, convicted and sentenced the accused-appellants in the manner as indicated above. Hence this appeal.

(3.) Shri Anshuman Saxena, learned counsel for the accused-appellants submits that there are several infirmities and contradictions in the statements of witnesses and therefore no reliance can be placed on their testimony. It is submitted that though the independent witnesses were available, but they were not produced and examined. The prosecution failed to establish its case beyond reasonable doubt. The sentence awarded by the learned trial court is excessive and keeping in view facts of the case and the manner in which the incident is alleged to have taken place, there was no justification to award excessive sentence and therefore conviction of accused-appellants cannot be sustained.