RAM BHAROS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, seven in number, were placed on trial before the learned Additional Sessions Judge No. 1 (Fast Track) Kota in Sessions Case No. 65/2001. Learned Judge vide Judgment dated October 3, 2001 convicted and sentenced the appellants as under: Ram Bharos, Sher Singh Chaturbhuj, Ram Prasad, Mangi Lal, Ram Laxman and Sanjay @ Sanju: U/s. 302/149 IPC : Each to suffer life imprisonment and fine of Rs. 5,000/-, in default to further suffer three months simple imprisonment. U/s. 148 IPC : Each to suffer rigorous imprisonment for one year. Substantive sentences were directed to run concurrently.

(2.) THE prosecution case as unfolded during trial is as under: On March 28, 1997 at 9. 45 AM informant Ganesh (Pw. 10) submitted a written report (Ex. P-21) at MBS Hospital Kota to Rafiq Ahmed, ASI Police Station Kaithoon (Pw. 9) stating therein that around 7. 30 AM on the said day while he was taking bath at the bank of the river, his younger brother Hanuman (now deceased) proceeded towards the bushes to attend the call of nature. After taking bath when the informant was coming back he saw Sanju and Ram Laxman armed with Gupti and sword near the bank of river. Sanju and Ram Laxman proceeded towards the bushes where Hanuman had gone. THE informant followed them and found that Seru s/o Mohan Lal Dhakad, Ram Kalyan s/o Laxmi Narain Dhakad, Chaturbhuj s/o Durga Shankar Brahmin, Ram Bharos s/o Ram Nath Dhakad, Mangi Lal s/o Udai Lal Chobdar and Ram Prasad s/o Ratan Lal Nayak were inflicting blows on the person of Hanuman with Sword, Spear, Gandasi and Gupti. Sanju and Ram Laxman also started causing injuries to Hanuman with Gupti and Sword. Ram Kalyan, Chaturbhuj and Seru inflicted sword blows on the head of Hanuman with Sword, whereas Ram Prasad caused injury with Spear. After Hanuman had fallen, Ram Laxman inflicted Sword blow on the left side of neck and shoulder of Hanuman, Sanju gave blow with Gupti on the abdomen of Hanuman. Ram Bharos and Mangi Lal gave Gandasi blows on his right palm. THE informant who was at a distance, shouted for help. Chhitar and Suresh, who were at the bank of river came rushing. THE assailants on seeing them, fled away. Hanuman had died on the spot. THE informant with the help of Chhitar and Suresh took the dead body to MBS Hospital. On the basis of the report a case under sections 147, 148, 149 and 302 IPC was registered and investigation commenced. Dead body was subjected to autopsy, statements of witnesses were recorded, accused were arrested, necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 1 (Fast Track) Kota. Charges under sections 147, 148 and 302 IPC were framed against the appellants, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 12 witnesses. In the explanation under section 313 Cr. P. C. , the appellants claimed innocence and one witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) ADMITTEDLY in the trial of co-accused Ram Kalyan which arose out of the same incident, Ganesh was declared hostile because he deposed that he did not see co-accused Ram Kalyan at the place of incident. Learned Additional Sessions Judge No. 5 Kota vide judgment dated August 16, 2002 acquitted co-accused Ram Kalyan of the charges under sections 147, 148 and 302/149 IPC and issued direction to initiate proceeding against Ganesh under Section 193 PC. In the instant case Ganesh deposed at the trial that he had gone to jail to meet accused Ram Bharos. In the cross examination Ganesh stated thus: