MUKUT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, four in number, along with co-accused Banshi Lal, Kanya Bai and Kastrui Bai were indicted before the learned Additional Sessions Judge Chhabra District Baran in Sessions Case No. 242/1992. Learned Judge vide Judgment dated November 5, 1999 convicted and sentenced the appellants as under:- Mukut and Laxmi Chandra: U/s. 302 IPC: Each to suffer life imprisonment and fine of Rs. 1000/ -. in default to further suffer six months rigorous imprisonment. U/s. 147 IPC: Each to suffer rigorous imprisonment for six months and fine of Rs. 200/-, in default to further suffer one month rigorous imprisonment. U/s. 323/149 IPC: Each to suffer rigorous imprisonment for six months and fine of Rs. 200/-, in default to further suffer one month rigorous imprisonment. Babu Lal and Ram Karan: U/s. 302/149 IPC: Each to suffer life imprisonment and fine of Rs. 1000/-, in default to further suffer six months rigorous imprisonment. U/s. 147 IPC: Each to suffer rigorous imprisonment for six months and fine of Rs. 200/-, in default to further suffer one month rigorous imprisonment. U/s. 323 IPC: Each to suffer rigorous imprisonment for six months and fine of Rs. 200/- , in default to further suffer one month rigorous imprisonment. Substantive sentences were directed to run concurrently. Co-accused Kanya Bai and Kasturi Bai were however acquitted of the charges under Sections 147, 302/149 and 323/149 and proceedings against co-accused Banshi Lal stood abated because he had expired.

(2.) IT is the prosecution case that a written report (Ex. P. 1) was lodged on October 1, 1991 with the Police Station Chhipa Barod by informant Kushal (PW. 1) to the effect that on the said day around 11. 00 a. m. when the informant was sitting with his brother Kanhaiya Lal (since deceased) in his house the appellant along with Banshi Lal came armed with Lathis and Kuntia. Banshi Lal, Laxmi Narain and Mukut gave beating to Kanhaiya Lal, whereas Ram Karan and Babu Lal inflicted injuries on the person of informant. When Kishan, Ram Prasad and Shanti came to intervene, they were also beaten up. Ram Kalyan took them in bullock cart to Police Station Chhipa Barod. A case under Sections 324, 148, 149, 323 and 307 IPC was registered on the basis of said report and investigation commenced. During investigation Kanhaiya Lal succumbed to his injuries and Section 302 IPC came to be added. Statements of witnesses under Section 161 Cr. P. C. were recorded, accused were arrested, autopsy on the dead body was performed, 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 Chhabra District Baran. Charges under Sections 147, 302/149 and 323/149 IPC were framed. The accused denied the charges and claimed trial. The prosecution in support of its case examined as many as 30 witnesses. In the explanation under Section 313 Cr. P. C. , the appellants claimed innocence. No witnesses in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above. The other co-accused were however acquitted.

(3.) LEARNED Public Prosecutor on the other hand supported the impugned judgment and contended that statements of injured eye witnesses have rightly been relied upon by the learned trial judge.