RAM LAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these matters stem from the judgment dated April 7, 2000 of the learned Additional Sessions Judge Sambhar Lake (District Jaipur) whereby sixteen accused (appellants in Appeal No. 170/2000 and 160/2000) were convicted and sentenced as under:

(2.) As many as 20 accused were indicted before the learned trial court out of which Ramgopal died during trial and proceedings against him were dropped on Sept. 14, 1998. Three accused persons viz. Sarwan, Vishram and Ram Jeewan however stood acquitted. The State of Rajasthan and complainant Hussain Shah have assailed the finding of acquittal in the Leave to Appeal No.46/2001 and Cr.Revision No.0523/2000.

(3.) The prosecution case is that on June 17, 1993, SHO Police Station Dudu recorded Parcha Bayan of Hussain Shah in the Government Hospital. It was given out in the Parcha Bayan that around 10.30 AM of the said day he alongwith his father Idu Shah (since deceased) and others had gone to cultivate the land bearing khasra No.333 in village Nanan, the accused party came in tractors and belaboured them. As a result of the injuries received during the incident Idu Shah died. On the basis of Parcha Bayan Police Station Dudu registered a case under Sections 148,447,323,325,324,326,307,302 and 149 Indian Penal Code and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Sambhar Lake (District Jaipur). Charges under sections 148,447,323,324,325,326,307,302 and 302 read with 149 Indian Penal Code were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 24 witnesses. In the explanation under Sec. 313 Crimial 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.