PHOOL CHAND & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RANGLAL son of Kanwar Lal (P.W.1) and brother of Babulal (P.W.4) was murdered on the intervening night of 5th April and 6th April, 2008. Babulal (P.W.4) being brother presented written report (Ex.P.1) before Tara Chand (P.W.25) who was then posted as SHO, Police Station Ghatoli. In the written report (Ex.P.1) it was stated that in the night after 12.00 O'clock unknown persons had committed murder of Ranglal by causing injuries with Lathies and Gandasi. On the basis of written report (Ex.P.1) formal FIR (Ex.P.33) bearing FIR No.56/08 was registered at Police Station Ghatolifor offence under Section 302 IPC. In the FIR, it was stated that it is a case of blind murder.

(2.) DURING investigation, the investigating agency nominated Phool Chand, Babulal, Chhotulal all three sons of Mangilal and Hemraj S/o. Amrit Lal as accused. All the above said four persons were tried by the court of Special Judge, SC/ST (Prevention of Atrocities Cases) Jhalawar. The said court vide impugned judgment dated 5.2.2011 held three brothers Phool Chand, Babulal and Chhotulal to be guilty of offence under Section 302/34 IPC and Section 3(2)(5), SC/ST (Prevention of Atrocities) Act, 1989. The court also came to the conclusion that Phool Chand has committed offence under Section 4/25, Arms Act, 1959. The trial court acquitted Hemraj. Having convicted the appellants vide impugned judgment dated 5.2.2011 by a separate order of even date, appellants were sentenced by the trial court as under: -

(3.) ACCUSED , Phool Chand, Babulal and Chhotulal: