PRATAP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, four in number, were put to trial before the learned Additional Sessions Judge (Fast Track) No. 1 Bundi, who vide judgment dated December 6, 2003 convicted and sentenced them as under:- Pratap, Harlal, Issar and Mohan Lal: u/s. 302 IPC: Each to suffer imprisonment for life and fine Rs. 5000, in default to further suffer three months simple imprisonment. Pratap, Harlal and Issar: u/s. 364 IPC: Each to suffer imprisonment for life and fine Rs. 2000/- in default to further suffer one month simple imprisonment. u/s. 341 IPC: Each to suffer simple imprisonment for one month and fine Rs. 500/- in default to further suffer simple imprisonment for five days. Substantive sentences were ordered to run concurrently.

(2.) THE prosecution case as unfolded during trial is as under:- Manbhar Bai (PW. 12) the informant, on October 28, 2000 at 8 PM handed over a written report (Ex. P. 1) at village Ganeshji ka Jhonpra to SHO Police Station Talera. THE report was scribed by Dhanna Lal (PW. 1 ). It was inter alia stated in the report that in the evening on that day while she was coming from her field after reaping soyabean and reached near the houses of Latoor and Ganga Ram, she heard cries of some body who was asking for drinking water. When she reached near the person, she found that her brother in law (Devar) Ram Raj was lying there. On being enquired as to what had happened, Ram Raj told her that Pratapa, Issar and Har Lal brought him from small bridge of village Namana and beat him with stones and Mohan Lal cut him with sword. At that time her Nanad (sister in law) Nandu Bai also arrived. In the process of whispering and crying, Ram Raj succumbed to his injuries. On that report a case under Section 302/34 IPC was registered by the SHO and report was sent through Chauth Mal FC 278 to Police Station Talera where formal FIR No. 275/2000 was registered by Pukh Raj Saran S. I. A copy of FIR was taken by Chauth Mal for the purpose of investigation by SHO, who remained at village Ganeshji ka Jhonpra. THE SHO drew necessary memos and removed the dead body of Ram Raj to Bundi Hospital. Autopsy on the dead body was performed, statement of witnesses were recorded, the appellants 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, 341 and 364 IPC were framed against the appellants, who denied the charges and claimed trial. THE prosecution in support of its case examined as may as 21 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.) BADAM (PW. 9) deposed that she saw a motor cycle driven by Harlal and Issar and Pratap along with Ram Raj were sitting on the rear seat. Ram Raj was crying loudly for help. For about one hour she remained in her house. After one hour when she was going to the village she heard cries of Manbhar and Nandu who were weeping and near them Ram Raj was lying. She then told Manbhar that Pratap, Issar and Har Lal took Ram Raj on Motor cycle. In turn Manbhar Informed her that Pratap, Issar and Har Lal killed Ram Raj. In the cross examination she admitted that Ram Raj was son of her Masi (maternal aunt) and her Sasural was at Prempura. She also stated that her statement was recorded by the police after three days of the incident.