JITENDRA @ JITYA & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE case of the prosecution, in nutshell, is that on 21.10.2002, at about 6:00 PM, on the way going from Aminpura to the huts of Malis, Bhanwar Lal Dhobi was abducted and was taken towards the village Chhan for committing his murder and the appellants along with their co -accused, in the house of the appellant Galol @ Galudi committed murder of Bhanwar Lal by giving beating.

(2.) IT is a further case of the prosecution that the appellants also caused injuries to Chhitar (P.W.5), father of the deceased, Bhanwar Lal, who had died due to beating given by the accused. On the basis of statement (Exhibit -P/9) made by Chhitar (P.W.5), a formal FIR (Exhibit -P/62) bearing No. 200/02 was registered at the Police Station Mehandwas, District Tonk for the offences under Sections 147, 148, 149, 323, 447, 365, 307 and 302 IPC and Section 3(2)(5) of SC/ST Act.

(3.) IN the aforesaid FIR, during the investigation, seventeen persons namely Jitendra @ Jitya s/o Chhotu Lal Gujar, Rajendra @ Raju s/o Chhotu Gujar, Galol @ Galudi w/o Chhotu Gujar, Ramavtar s/o Morpal Gujar, Prahlad s/o Sheokaran Gujar, Nanulal s/o Shri Narayan Gujar, Hemraj s/o Gowardhan Gujar, Devkaran s/o Kishan Lal Gujar, Kalu s/o Ranglal Gujar, Girraj s/o Moti Lal Gujar, Sheoraj s/o Bhaguta Gujar, Devkaran s/o Girdhari Gujar, Sukhlal s/o Ramphool Gujar, Ranglal s/o Sheokaran Gujar, Revraj s/o Kishan Gujar, Kishan Lal s/o Shri Narayan Gujar and Ram Dayal s/o Kalyan Gujar, were nominated as accused. During the pendency of the trial, Ranglal s/o Sheokaran Gujar died.