RATAN AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been preferred by Ratan S/o. Shri Harji, Satya Narain S/o. Harji, Chhitar S/o. Sheo Ram, and Yagya Narain S/o. Chhitar. They are aggrieved against the judgment of conviction dated 30th November, 2005 and order of sentence of even date, passed by Additional District & Sessions Judge, (Fast Track), Court No. 3, Ajmer Camp at Kishangarh. We shall briefly recapitulate the facts of the case.

(2.) Twelve persons namely Ratan S/o. Harji, Lalaram S/o. Bhiwda @ Bhiva, Shyoji S/o. shyoram, Satyanarayan S/o. Harji, Jodharam @ Jagdish S/o. Chittar, Chittar S/o. Shyoram, Yagyanarayan S/o. Chittar, Smt. Lali W/o. Satyanarayan, Smt. Jodha d/o Chittar and wife of Kishanlal, Smt. Raja @ Laja W/o. Ratanlal, Smt. Habudi @ Prem W/o. Shyoji and Smt. Bhuri @ Bhanwari W/o. Chhitar were sent for trial in case arising out of FIR No. 51/2000 registered at Police Station, Bander Sindri Distt. Ajmer for offences under Sections 147, 148, 149, 341 and 302 IPC. The trial Court vide its impugned judgment dated 30th November, 2005, acquitted eight persons, namely Lalaram S/o. Bhiwda @ Bhiva, Shyoji S/o. shyoram, Jodharam @ Jagdish S/o. Chittar, Smt. Lali W/o. Satyanarayan, Smt. Jodha d/o Chittar and wife of Kishanlal, Smt. Raja @ Laja W/o. Ratanlal, Smt. Habudi @ Prem W/o. Shyoji and Smt. Bhuri @ Bhanwari W/o. Chhitar. However, the trial Judge convicted appellants Ratan S/o. Harji, Satyanarayan S/o. Harji, Chittar S/o. Shyoram and Yagyanarayan S/o. Chittar for the offences under Sections 302 read with Section 34 IPC and vide a separate order of even date, sentenced them as under:--

(3.) Criminal proceedings were set into motion upon written report (Ex. P/1) submitted by Hanuman (P.W.1) eye-witness of the occurrence. The report made to the police when translated into English reads as under:--