RAMA ALIAS RAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, nine in number, along with three co-accused were indicted before the learned Additional Sessions Judge (Fast Track) No. 1, Bundi, who while acquitting co-accused, convicted and sentenced the appellants as under:- Rama @ Ram Lal: u/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 5000.00, in default to further suffer simple imprisonment for six months. u/s. 326/149 IPC: To suffer rigorous imprisonment for four years and fine of Rs. 2000.00 in default to further suffer simple imprisonment for two months. u/s. 324/149 IPC: To suffer rigorous imprisonment for one year. u/s. 323/149 IPC: To suffer simple imprisonment for three months. Heera Lal, Sheoji, Rameshwar @ Ramu, Panna Lal, Prem Shankar @ Prema, Ram Ratan @ Ratan @ Ratan Lal, Moti Lal @ Moti, Dhuli Lal @ Dhuliya: u/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 5000.00 , in default to further suffer rigorous imprisonment for six months. u/s. 326/149 IPC: Each to suffer rigorous imprisonment for four years and fine of Rs. 2000.00 in default to further suffer simple imprisonment for two months. u/s. 324/149 IPC: Each to suffer rigorous imprisonment for one year. u/s. 323/149 IPC: Each to suffer simple imprisonment for three months. THE substantive sentences were ordered to run concurrently. THE aforequoted findings have been impugned in the instant appeals.

(2.) AS per prosecution story informant Sohan Lal (PW. 15), who was admitted to Government Hospital Bundi on October 25, 1999, in his parcha bayan (Ex. P. 26) stated that around 12 Noon on the said day the accused inflicted injuries with axes and lathis on the person of Kalyan who died on the spot. In the course of incident he (Sohan Lal) and Bholu also sustained injuries. The incident occurred because the appellants intended to commit trespass over Charagah (pasture) land and Kalyan forbade them from doing the said act. On the basis of aforesaid parcha bayan, a case under Sections 147, 148, 149, 302, 326, 324 and 307 IPC and section 3 SC/st (PA) Act was registered and investigation commenced. Dead body of Kalyan was subjected to autopsy, other necessary memos were drawn, statements of witnesses were recorded, the accused were arrested and 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) No. 1 Bundi. Charges under Sections 302, 302/149, 307/149, 323/149, 324, 324/149, 120b, 147 and 148 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 22 witnesses. In the explanation under Sec. 313 Cr. P. C. , the accused claimed innocence and pleaded right of private defence. Seven witnesses in support of defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated hereinabove.

(3.) THE prosecution case is primarily founded on the testimony of Net Ram (PW. 1), Bholu (PW. 17), Lakha (PW. 9) and Sohan Lal (PW. 15 ). Having closely scanned the evidence of these witnesses we find that in his cross examination Net Ram (PW. 1) stated that incident was over much prior to the arrival of Rama Kumhar at the scene of occurrence. He further stated that although the persons belonging to village Khunetia (accused party) used to plough the disputed land, the villagers of Sinti (complainant party) intended to oust them. He further deposed thus:- ...[VERNACULAR TEXT OMMITED]...