MOHANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The above titled two appeals by 4 appellants, namely Mohan La, Dev Raj, Purushottam and Banwari arise out of the judgment and order dated 13-4-2004 passed by the learned Additional Sessions Judge (Fast Track) No. 2, Chhabra, whereby the learned Judge has convicted and sentenced the appellants in the following manner : Accused Banwari. Mohab Lal and Purushottam Under Section 302/149, IPC To undergo imprisonment for life with a fine of Rs. 1000/-, in default of payment of fine, each to further undergo two months' simple imprisonment Accused Dev Rai Under Section 302, IPC To undergo imprisonment for life with a fine of Rs. 1000/-, in default of payment of fine, to further undergo two months' simple imprisonment All Accused appellants Under Section 325/149 To undergo rigorous imprisonment for three years with a fine of Rs. 500/- each, in default of payment of fine, each to further undergo one months' simple imprisonment All Accused appellants Under Section 323, IPC To undergo rigorous imprisonment for one year with a fine of Rs. 500/- each, in default of payment of fine, each to further undergo one months' simple imprisonment All Accused appellants Under Section 148, IPC To undergo rigorous imprisonment for two years with a fine of Rs. 500/- each, in default of payment ol fine, each to further undergo one months' simple imprisonment. Since the aforesaid two appeals arise out of the judgment and order dated 13-4-2004 of the learned Additional Sessions Judge (Fast Track) No. 2 Chhabra in Sessions Case No. 125/2003, they are being decided by this common judgment.

(2.) On 7-10-1998 P.W. 2 Bnj Mohan in formed the police that Purusottam Karadia along with 8-10 persons of villages Hanumant-Kheda and Kardia came to his house and belaboured his father and sister. His father was lying on the ground. He was not aware as to who belaboured his father. Having recorded this information in Rojnamcha, the police party left lor village Padalia. On reaching there, the police recorded Parcha Bayan of Mst. Pana Bai w/o Laxmi Narain. In her Parcha Bayan, Mst. Pana Bai stated that on the day of incident, she along with her husband, daughter Ram Kanya and grand daughter Sonu was on way to her house after collecting fodder and when they reached in front of the house of Banwari, the accused persons, namely Banwan, Shyoji, Mohan, Devraj, Lakha, Tikya, Hari Kishan and Purushottam came out of the house of Banwari and started belabouring her husband and daughter Kanya with lathis and Dhana. Lakha and Han Kishan inflicted injuries on her. Accused Mohan also inflicted a lathi blow on her head All the accused belaboured her husband and made him to fall on the ground. According to her, blood was oozing out from his head She further stated that wife of accused Banwan inflicted a lathi blow on the legs of her daughter Kanya. On her raising an alarm, Bhagwan, Dwankalal and Chhotulal came there and saved them She stated that accused Dev Raj had inflicted a Gandasi blow on the head of her husband. She further stated that it was not the Gandasi but 'Kutia'. According to her the incident took place at 7.30 p.m.

(3.) On the basis of aforesaid Parcha Bayan of Pana Bai (P.W. 2), the police registered a case for offence under Sections 147, 148, 149, 307, 323 and 324, IPC FIR Ex. P. 20 and proceeded with the investigation. Since injured Laxmi Narain passed away while he was being shifted from Baran to Kota, the police added Section 302, IPC