BAPULAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been filed on behalf of thirteen convicted accused appellants.

(2.) On 14.12.2006 at about 7.00 P.M. in Village Naya Gaon (Gordhan Niwas), murder of Kalyan was committed and in the said occurrence, Balu @ Bal Chand (P.W.11), Ramesh Chand (P.W.10) and Bharat (P.W.16) had received injuries. Kalyan deceased had four firearm injuries on his person. Injury No. 1 was on chest, injury No. 2 was on right side of neck, injury No. 3 was on right shoulder and injury No. 4 was on right side of face. A question has been raised whether all the four injuries are result of one shot or of two shots. Said firearm injuries in the FIR have been attributed to Ratanlal @ Ram Ratan, Akhlesh and Prakash Chand accused. Balu Ram @ Bal Chand (P.W.11) had suffered three simple blunt injuries, Ramesh Chand (P.W.10) has not been medico legally examined, thus on record there is no injury on his person, whereas Bharat (P.W.16) had suffered one minor abrasion 1" x 1/2" on right scapular region. For the four blunt simple injuries, thereon the person of Balu @ Bal Chand (P.W.11) and one on the person of Bharat (P.W.16), complainant party had named ten persons, namely Bapu Lal, Badri Lal, Kamlesh, Rajesh, Brajraj, Devi Lal, Ramesh, Raju @ Rajesh, Shyamlal and Rakesh as accused. All thirteen accused belong to one family. Accused Bapu Lal and Shyamlal are brothers being sons of Kishore. Prakash Chand and Ratan Lal @ Ram Ratan are sons of Bapu Lal. Alongwith them, three sons of Prakash Chand, namely Akhlesh, Kamlesh and Rajesh have also been named as accused. Shyamlal alongwith his two sons Brajraj and Rakesh have been named as accused. Complainant party has also named Badri Lal and Devi Lal two brothers alongwith their sons, Ramesh S/o. Badri Lal and Raju @ Rajesh S/o. Devi Lal. Due to large scale involvement of the accused, it has also become necessary for us to examine that no accused is victim of over implication as injuries found in the occurrence are not commensurate to large scale implication of the accused.

(3.) The Court of Additional Sessions Judge, Jhalawar vide impugned judgment dated 6.8.2010 held accused Ratan Lal @ Ram Ratan, Akhlesh and Prakash Chand guilty of offence under Sec. 302 IPC and co -accused Bapu Lal, Kamlesh, Ramesh Chand, Brajraj, Rajesh S/o. Prakash Chand, Devi Lal, Badri Lal, Raju @ Rajesh S/o. Devi Lal, Shyamlal and Rakesh guilty of offence under Sec. 302 read with Sec. 149 IPC. All the accused were also convicted for offence under Ss. 148 and 323/149 IPC. Ratan Lal @ Ram Ratan was also held guilty of offence under Sec. 3/25, Arms Act and accused Ramesh Chand and Brajraj were also held guilty of offence under Sec. 4/25, Arms Act. Having convicted the appellants for aforesaid offences, the trial court has sentenced them as under: -