RAMESH KUMAR AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 26.04.2007 passed by Additional Sessions Judge, Rajgarh, District Churu (for short 'the trial court' hereinafter) in Sessions Case No. 27/204, whereby the trial court has convicted the accused -appellants for the offence punishable under section 302/34 IPC and sentenced each of them to undergo life imprisonment and to pay a fine of Rs. 5000/ - each, in default of payment of fine, further to undergo six month's imprisonment.

(2.) BRIEF facts, necessary for disposal of this appeal, are that PW. 1 Leela Ram s/o. Hemraj has submitted a written complaint to the Station House Officer, Police Station, Hamirwas on 29.05.2004 at about 10:00 P.M. at village Bhensli, inter alia, alleging therein that today at 8:30 P.M. Rajesh, Ramesh and Veerender sons of Shiv Lal by caste Jat, resident of Bhensli and one another person has killed his brother Pawan Kumar s/o. Hemraj by lathis, iron rods and farsi. It is stated that the said incident has happened at public chowk (Dudiyan -ka -chowk) and his brother was killed due to old transaction and personal disputes. It is also stated that when his brother was being assaulted at the public chowk by iron rods, then at that time, Om Prakash s/o. Popa Ram, Prakash s/o. Fateh Singh and Ramesh s/o. Satyaveer were also present there and they witnessed the incident. Rajesh armed with Farsi, Ramesh armed with iron rod, Veerender armed with pipe. It is further stated that Om Prakash and Prakash caught hold of Veerender and Ramesh then Veerender asked Rajesh to assault them with Farsi and due to fear, Om Prakash and Prakash released them. It was informed that dead body of brother of the complainant is lying in the public chowk. It is also alleged that three days before the incident, Shiv Lal son of Ram Lal came to their field and threatened that Pawan Kumar has assaulted Rajesh and, therefore, he and his sons would kill Pawan Kumar within three days and today they have killed Pawan.

(3.) THE trial court has framed charges against Rajesh, Ramesh and Rajkumar for the offence punishable under section 302/34 IPC. After recording the statements of four witnesses viz. PW. 1 Leela Ram, PW. 2 Prakash Singh, PW. 3 Om Prakash and PW. 4 Sukhvinder, an application under section 319 Cr.P.C. was preferred on behalf of the prosecution for summoning appellant Veerender s/o. Shiv Lal and Shiv Lal s/o. Ramji Lal with prayer for facing trial and the trial court vide order dated 28.10.2004 has partly allowed the said application and summoned the appellant Veerender s/o. Shiv Lal to face the trial for the offence punishable under section 302/34 IPC along with other appellants. Statements of PW. 1 to PW. 4 were again recorded and thereafter the prosecution has examined nine more witnesses. Statements of the appellants were recorded under section 313 Cr.P.C. and four witnesses have also been produced in defence. Several documents have been exhibited on behalf of the prosecution as well as the defence. The trial court after hearing the parties concerned, vide judgment dated 26.04.2007 has convicted the accused -appellants for the offence punishable under section 302/34 IPC and sentenced them as aforesaid.