OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) OM Prakash, Murti Devi, Rajbala, Munni Devi, Saroj Devi and Leela Ram @ Murari, the appellants herein, were put to trial in Sessions Case No. 19/2002 (32/2002) before the learned Additional Sessions Judge (Fast Track) Alwar. Learned trial Judge vide judgment dated August 16, 2002 convicted and sentenced the appellants as under:- OM Prakash : u/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 5000/- in default to further suffer rigorous imprisonment for one year. u/s. 148 IPC: To suffer rigorous imprisonment for one and half year. u/s. 341/149 IPC: To suffer rigorous imprisonment for one month. Murti Devi, Rajbala, Munni Devi, Saroj Devi and Leela Ram @ Murari: u/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 2000/- in default to further suffer rigorous imprisonment for six months. u/s. 148 IPC: Each to suffer rigorous imprisonment for one and half year. u/s. 341/149 IPC: Each to suffer rigorous imprisonment for one month. The substantive sentences were ordered to run concurrently.

(2.) ACCORDING to prosecution story on December 2, 2001 at 7. 30 PM informant Hanuman (PW. 5) submitted a written report (Ex. P. 2) stating therein that on the said day around 6 PM as soon as his father Shimbhu Dayal came from the field, Om Prakash, Saroj, Bala, Murti, Munni, Puran and Leela Ram who were following Shimbhu Dayal dragged him out of the house and gave beating to him with lathis. While Shimbhu Dayal was taken to the hospital he died on the way. On that report a case for the offences under Sections 147, 148, 149, 323, 341, 452 and 302 IPC was registered and investigation commenced. Dead body of Shimbhu Dayal was subjected to autopsy, statements of witnesses were recorded by the police, necessary memos were drawn and the appellants were arrested. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Alwar. Charges under Sections 148, 452/149, 341/149, 302 alternatively 302/149 IPC were framed against the appellants, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 12 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) FACTUAL situation of the case is as under:- (i) Deceased sustained only one injury on the head and the said injury is attributed to appellant Om Prakash. (ii) Deceased and appellants were near relatives and incident occurred all of sudden. The appellants did not assemble with the intention to kill Shimbhu Dayal. (iii) The appellants Om Prakash and Munni Devi had sustained injuries in the same incident and the prosecution did not explain their injuries.