CHANDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, six in number, were indicted in Sessions Case No. 44/1999 before the learned Sessions Judge Alwar for having committed murder of Kishore. Learned Judge vide judgment dated September 8, 1999 convicted and sentenced them as under:- Ratti Ram, Govind Sahay, Bali, Chander and Kalu: U/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/- , in default to further suffer one month rigorous imprisonment. U/s. 147 IPC: Each to suffer simple imprisonment for two years. U/s. 323 IPC: Each to suffer simple imprisonment for six months. U/s. 325/149 IPC: Each to suffer simple imprisonment for one year and fine of Rs. 500/-, in default to further suffer one month simple imprisonment. U/s. 323/149 IPC: Each to suffer simple imprisonment for six months. Raja Ram: U/s. 302/149 IPC: To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer one month rigorous imprisonment. U/s. 147 IPC: To suffer simple imprisonment for two years. U/s. 325/149 IPC: To suffer simple imprisonment for one year and fine of Rs. 500/-, in default to further suffer one month simple imprisonment. U/s. 323/149 IPC: To suffer simple imprisonment for six months. Substantive sentences were directed to run concurrently.

(2.) IT is the prosecution case that informant Prahlad Singh (PW. 1) submitted a written report to SHO Police Station Malakhera on March 18, 1999 at 3. 15 PM stating therein that around 8. 30 AM while the informant along with his father Kishore (now deceased) and other family members were on their `khalihan' where mustard product was lying, Govind Sahay and Chander put raw of mustard on their product. When his father raised objection Ratti Ram, Raja Ram and Bali came armed with lathis and Jelly. Seeing them coming with arms the informant, his father and other family members started running towards their house. But Kishore was belaboured in front of his house by Ratti Ram and Govind Sahay. Ratti Ram then inflicted blow with Jelly and Govind Sahay gave blow with lathi on the head of Kishore, as a result of which he fell down on the ground and died on the spot. Thereafter Kalu, Raja Ram, Chander and Bali indiscriminately started beating him. Ratti Ram gave jelly blow on the hand of informant, whereas Kalu inflicted lathi blow. When Brij Lal, Mohan Singh and Kamlesh intervened they were also beaten up. Kishore, as a result of injuries died on the spot. On that report a case under Sections 147, 302/149, 323, 323/149 IPC was registered and investigation commenced. Dead body was subjected to post mortem, statements of witnesses were recorded, the accused were arrested, necessary memos were drawn and on completion of investigation charge sheet was filed. In de course the case came up for trial before the learned Sessions Judge Alwar. Charges under Sections 147, 302/149, 323. 325/149 and 323/149 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 16 witnesses. In the explanation under Sec. 313 Cr. P. C. , the accused claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) HAVING closely scrutinised the evidence adduced at the trial we find that the prosecution had failed to prove that the appellants Chander, Raja Ram, Kalu and Bali were the members of unlawful assembly at the time of the offence committed by appellants Ratti Ram and Govind Sahay. As Section 149 IPC stands the ingredients of the offence, that there was an unlawful assembly and the accused being member of assembly, knew the common object of the assembly, have to be made out by the prosecution. Undeniably deceased Kishore and appellants Chander and Govind Sahay were the neighbours. A look at the site plan goes to show that houses of Kishore, Chander and Govind Sahay situate in the vicinity of each other. Appellants Ratti Ramand Kalu are real brothers and sons of appellant Chander. Appellants Govind Sahay, Raja Ram and Bali are real brothers. In this view of the matter possibility of over implication of Chander, Raja Ram, Bali and Kalu cannot be ruled out. In our opinion the prosecution has failed to establish charges under Sections 302/149, 147, 323, 323/149 and 325/149 IPC against Chander, Raja Ram, Bali and Kalu beyond reasonable doubt.