SHYAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN these two appeals, which arise out of the same occurrence, the judgment dated October 20, 2000 of the learned Sessions Judge Sawai Madhopur is under challenge whereby the appellants, five in number, were convicted and sentenced as under: - Shyam Lal, Ramavtar and Jagdish: U/s. 302 IPC: Each to suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer simple imprisonment for one month. U/s. 148 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 1000/-, in default to further suffer simple imprisonment for fifteen days. Bhagchand and Ramjilal: U/s. 302/120b IPC: Each to suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer simple imprisonment for one month. U/s. 148 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 1000/-, in default to further suffer simple imprisonment for fifteen days. The substantive sentences were ordered to run concurrently.

(2.) THE prosecution case as unfolded during trial is that on March 3, 2000 the informant Kesar Lal (Pw. 17) submitted a written report (Ex. P-41) at the place of incident to the SHO Police Station Kotwali Sawai Madhopur wherein it was alleged that on that day at around 8 PM Kamal Kishore (Pw. 5) came to his house and informed him that Ram Dayal (informant's brother) was killed by Jagdish, Shyam Lal, Ramavtar, Bhagchand and Ramjilal and his body was lying in the field of Prabhu Dayal. On receiving information the informant and his family members rushed to the spot and found the dead body of Ram Dayal. On that report a case under sections 147, 148, 149 and 302 IPC was registered and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Sessions Judge Sawai Madhopur. Charges under sections 148, 302, 302/149 and 120b IPC were framed against the appellants, who denied the charges and claimed trial. THE prosecution in support of its case examined as may as 20 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence and stated that they have been implicated falsely. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) PER contra, learned Public Prosecutor supported the impugned finding of learned trial judge and urged that witnesses Prem Narain (Pw. 4), Kamal Kishore (Pw. 5), Siya Ram (Pw. 11) are Brahmin by caste whereas Suresh (Pw. 6) is Jaga. Therefore it was wrong to suggest that they had animosity against the appellants who are by caste Bairwa and deceased Ram Dayal was also Bairwa.