BAHGIRATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BAHGIRATH, Sultan, Jhabarmal and Baluram, the appellants herein, were put to trail before the learned Additional Sessions Judge (Fast Track) Jaipur District, Jaipur, who vide judgment dated August 20, 2001 convicted and sentenced them as under:- u/s. 452 IPC: Each to suffer rigorous imprisonment for two years and fine Rs. 500, in default to further suffer fifteen days simple imprisonment. u/s. 302/34 IPC: Each to suffer imprisonment for life and fine Rs. 2000, in default to further suffer two months simple imprisonment. Sentences were ordered to run concurrently.

(2.) IT is the prosecution case that Bahgirath Mal Bunkar (PW. 4) on August 18, 1999 submitted a written report (Ex. P.-1) to the Police Station Govindgarh stating therein that on the said day around 5 PM some altercations took place between him and his neighbour. Thereafter around 9 PM Dula Ram, Ram Narayan, Bahgirath, Sanwar Mal, Ganesh, Nanda Ram, Baluram, Hanuman, Sultan, Prabhu Dayal, Jhabarmal came to his house and gave beating with lathis to three persons, including Bahgirath and Mohanlal, who were present at the house. Mohanlal who sustained injury on his head was admitted to the hospital at Govindgarh. On that report a case under Sections 147, 148, 452 and 323 IPC was registered and investigation commenced. In the course of investigation Mohanlal succumbed to his injuries and Sections 302 IPC was added. 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) Jaipur District Jaipur. Charges under Sections 452 and 302/34 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 26 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.) THE prosecution thus is not able to establish the charges under Sections 452 and 302/34 IPC against the appellants beyond reasonable doubt. At the most they can be convicted under Section 325/34 IPC.