SURAJ MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, four in number, along with six co-accused were put to trial before the learned Additional Sessions Judge (Fast Track) Hindaun City District Karauli, who vide judgment dated February 19, 2004 convicted and sentenced the appellants as under:- Suraj Mal: u/s. 302 IPC: To suffer imprisonment for life and fine Rs. 1000, in default to further suffer three months rigorous imprisonment. u/s. 148 IPC: To suffer rigorous imprisonment for one year. u/s. 323/149 IPC: To suffer simple imprisonment for six months. u/s. 447 IPC: To suffer simple imprisonment for one month. Kamal: u/s. 302/34 IPC: To suffer imprisonment for life and fine Rs. 1000, in default to further suffer three months rigorous imprisonment. u/s. 148 IPC: To suffer rigorous imprisonment for one year. u/s. 324 IPC: To suffer simple imprisonment for two years. u/s. 323/149 To suffer simple imprisonment for six months. u/s. 447 IPC: To suffer simple imprisonment for one month. Ram Swaroop and u/s. 325 IPC: To suffer simple imprisonment for three years and fine Rs. 500, in default to further suffer one month simple imprisonment. u/s. 148 IPC: To suffer rigorous imprisonment for one year. u/s. 323/149 To suffer simple imprisonment for six months. u/s. 447 IPC: To suffer simple imprisonment for one month. Shimbhu: u/s. 324 IPC: To suffer simple imprisonment for two years and fine Rs. 500, in default to further suffer one month simple imprisonment. u/s. 148 IPC: To suffer rigorous imprisonment for one year. u/s. 323/149 To suffer simple imprisonment for six months. u/s. 447 IPC: To suffer simple imprisonment for one month. Substantive sentences were ordered to run concurrently. THE co- accused however ordered to be acquitted.

(2.) IT is the prosecution case that on August 12, 1999 at 10. 45 AM informant Kailash (PW. 5) submitted a written report (Ex. P. 7) at Police Station Garhmora stating therein that on the said day at 8 AM when he was sitting at home 24 accused persons (named in the report) armed with lathi, Karwari, Pharsa and Dharia came to the house, abused the informant and his family members and exhorted to kill them. Suraj Mal inflicted blow with Karwari on the head and other parts of the body of Laxman (since deceased ). Kamla gave blow with Gandasi on the person of Nathu. The informant and other persons also sustained injuries. Hearing their alarm Lohadya, Mohar Singh, Ram Swaroop and Kailash intervened and saved them. On the aforesaid report a case under Sections 147, 148, 149, 323, 324, 326, 307 and 447 IPC was registered and investigation commenced. Nathu, Kailash and Laxman were removed to hospital. Laxman however died on the way to hospital. After usual investigation charge sheet was filed only against ten accused persons out of 24 named in the FIR. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Hindaun City District Karauli. Charges under sections 148, 302, 302/149, 326/149, 325/149, 324/149, 323/149 and 447 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 23 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants 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.) FACT situation emerges from the material on record is as under:- (i) As per written report (Ex. P. 7) the incident occurred at the house of informant, whereas according to site plan (Ex. P. 8) the place of incident was Bada shown by mark `a'. (ii) According to Raghuveer (PW. 4) the land where incident occurred belonged to the forest department. (iii) Nathu (PW. 1) the star witness of the prosecution stated that on being informed by his girl that the accused party had dragged their cattle out of the Bada, they went to the accused party for the purpose of reconciliation. (iv) Gurji Lal Meena (PW. 2) did not investigate the case properly. He did not make attempt to examine the relevant revenue record. According to him the incident occurred all of sudden on account of dispute regarding grazing of cattle. (v) There was no previous enmity between the parties. (vi) According to FIR as many as 24 persons were the assailants out of those only 10 were charges sheeted and only four were convicted and sentenced.