BHOLA RAM & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On 16.1.2003, at about 1:00 or 1:30 PM, in the revenue state of village Bhanokhar, ladies belonging to the complainant party and the accused side had gone at the village well to fetch water. The ladies had an altercation. The situation went out of hand and both sides suffered injuries. The complainant party suffered more loss. One person Moti Ram lost his life and six persons from the complainant's side, namely Mahesh (P.W.6), Smt. Laxmi (P.W.12), Smt. Guddi (P.W.13), Smt. Beena (P.W.14), Smt. Ramjati (P.W.17) and Kishore (P.W.18) suffered injuries. From the side of accused, Ghanshyam, Jai Lal, Madan Lal and Prakash s/o Khayali had suffered injuries.

(2.) The complainant party named fourteen persons as accused in the written report (Exhibit-P/4) lodged by Mahesh (P.W.6) son of deceased Moti Ram. The investigating agency submitted the charge-sheet against eight persons and kept the investigation pending against remaining six persons. Eight persons, namely Bhola Ram, Ghanshyam, Prakash Chand all sons of Khyali Ram, Madan Lal s/o Sukhram, Prakash Chand s/o Mohan Lal, Ummedi Lal and Mannu Ram, both sons of Harakya Ram and Smt. Santo wife of Madan Lal, were tried in Sessions Case No. 7/2004 (62/03) by the court of Additional Sessions Judge (Fast Track), Laxmangarh, District Alwar, and vide the impugned judgment dated 16.12.2005, Madan Lal s/o Sukhram and Smt. Santo wife of Madan Lal were acquitted and remaining six accused were held guilty of offence of murder.

(3.) To be precise, Bhola Ram s/o Khayali Ram was substantively convicted for the offence under Sections 302, 307 and 325 IPC. Ghanshyam s/o Khyali Ram was substantively convicted for the offence under Section 324 IPC. The remaining accused were convicted for the offence under Sections 302, 307, 325 and 324 IPC with the aid of Section 149 IPC. All accused were substantively convicted for the offence under Section 452 and 148 IPC. Furthermore, accused Parkash Chand s/o Khayali Ram and s/o Mohan Lal, Ummedi Lal and Mannu Ram sons of Harkya Ram were substantively convicted for offence under Section 323 I.P.C. and remaining accused Bhola Ram and Ghanshyam were also convicted for the offence under Section 323 read with Section 149 IPC. Having convicted the appellants for the aforesaid offences, the trial court vide a separate order of even date, convicted them as under:-