HAZARI & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Mohan (P.W.13), Lakharam elder brother of Dataram (P.W.9) and Radhey Shyam, who died in the occurrence, were doing work of Palledari (loading and unloading of trucks) at Delhi. Radhey Shyam and Mohan had returned to their native place in Rajasthan to pay their visit to the relations. Lakharam, through them had sent household articles to his family members. On 21.10.2007, both Radhey Shyam deceased and Mohan visited family members of Lakharam to deliver household articles entrusted to them by Lakharam. Dataram (P.W.9), younger brother of Lakharam looked after them. Then all the three came to village Asthal and from the shop of Saduram s/o Balram Gurjar purchased country made liquor and consumed the same. When they demanded more liquor, an altercation ensued and the abuses were exchanged. Mohan and Dataram, as per written report (Exhibit-P/20) submitted by Suresh Chand Gurjar, ran away from the spot leaving behind Radhey Shyam. Radhey Shyam was allegedly caused injuries by Birbal, Ramkaran, Sugaram, Hazari, Maliram, Saduram, Ramniwas, Meera w/o Ramkaran, Bhagli w/o Hazari, Gyana w/o Saryara, Surja.

(2.) It is alleged that the dead body of Radhey Shyam was later concealed in a well. On 27.10.2007, the dead body was recovered from the well and the complainant Suresh Chand Gurjar sought legal action against the accused.

(3.) Admittedly, the complainant Suresh Chand Gurjar is not an eyewitness of the occurrence. The investigating agency out of eleven accused named in the written report (Exhibit- P/20), on basis of which FIR bearing No. 342/3007 was registered at police station Pragpura, District Jaipur had sent only three persons, namely Hazari, Umrao Leela both sons of Sardararam and Ramotar s/o Surjaram as accused for the trial.