KAILASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants were the accused on the file of learned Additional Sessions Judge No. 2, Jaipur (District Jaipur) bearing Sessions Case No. 37/1996. Learned Judge vide judgment dated December 12, 2000 convicted and sentenced the appellants as under:- Appellant Kailash u/s. 302 IPC: To suffer imprisonment for life and fine Rs. 500, in default to further suffer one month rigorous imprisonment. u/s. 148 IPC: To suffer rigorous imprisonment for one year. u/s. 452 IPC: To suffer rigorous imprisonment for one year and fine Rs. 100, in default to further suffer three months rigorous imprisonment. u/s. 449 IPC: To suffer rigorous imprisonment for two years and fine Rs. 200, in default to further suffer three months rigorous imprisonment. Appellant Ramphool: u/s. 302/149 IPC: To suffer imprisonment for life and fine 500, in default to further suffer one months rigorous imprisonment. u/s. 148 IPC: To suffer rigorous imprisonment for one year. u/s. 452 IPC: To suffer rigorous imprisonment for one year and fine Rs. 100, in default to further suffer three months rigorous imprisonment. u/s. 449 IPC: To suffer rigorous imprisonment for two years and fine Rs. 200, in default to further suffer three months rigorous imprisonment. Appellants Lala Ram, Hari Narayan and Sedu Ram: u/s. 302/149 IPC: Each to suffer imprisonment for life and fine Rs. 500, in default to further suffer one month rigorous imprisonment. u/s. 148 IPC: Each to suffer rigorous imprisonment for one year. All the sentence were directed to run concurrently.

(2.) PUT briefly the prosecution case is that on November 5, 1991, informant Ramjilal (PW. 17) submitted a written report (Ex. P. 23) at Police Station Bassi to the effect that accused persons viz. Lala Ram, Ramphool, Kailash, Sedu Ram, Hari Narayan, Sita Ram, Bhagwan Sahai, Babu Lal, Ramsahai along with 20-25 other persons armed with iron rods and pipes attacked on them and tried to commit robbery. The caused injuries on the person of informant's father Radhey Shyam. When neighbour intervened the accused fled away. On that report Police Station Bassi registered a case under Sections 147, 323, 307 and 452 IPC and investigation commenced. After Radhey Shyam succumbed to his injuries, section 302 IPC was added. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 2, Jaipur (District Jaipur ). Charges under Sections 148, 452, 449, 302 and 302 read with 149 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 22 witnesses. In the explanation under Section 313 Cr. P. C. the appellants claimed innocence. Three witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) THE prosecution case rests on the testimony of informant Ramji Lal (PW. 17), Nawal Kishore (PW. 1), Narendra (PW. 2), Ram Kishore (PW. 3), Ram Babu (PW. 5), Vinod Kumar (PW. 6), Om Prakash (PW. 7), Kaushalya (PW. 11), Mohra Devi (PW. 12), Manna Devi (PW. 13) and Mahesh Kumar Gupta (PW. 18) who have been examined as eye witnesses of the occurrence. Informant Ramji Lal, who is the son of the deceased, in his deposition stated that on November 5, 1991, a day of Diwali celebration while he and his brothers Narendra Prakash and Nawal Kishore were busy in cleaning their house and children were playing out side, accused Kailash came from the village side in a tractor and drove the tractor so negligently that informant's nephew Anop, aged seven years, had a narrow escape. On being advised by informant's father Radhey Shyam to take care while driving the tractor, Kailash in turn said that instead of advising to others he should keep his children under Control. Kailash then went towards bus-stand and around 10. 30 AM Kailash, Ram Phool, Lala @ Rameshwar, Babu Lal, Bhagwan Sahai, Sita Ram, Sedu Ram, Hari Narayan and Shankar @ Ram Sahay came on a tractor. THErefore Kailash gave a blow with iron pipe on the head of Radhey Shyam dragged him out and all the accused started beating Radhey Shyam. Radhey Shyam was removed to the hospital where he died. Testimony of Ramji Lal gets corroboration from the evidence of other eye witnesses. THE defence version as per the statement of Hari Narayan (DW. 1) is that child belonging to Radhey Shyam's family suddenly came in front of the tractor driven by Kailash, who applied the breaks and averted the accident. Radhey Shyam and Durga Lal then hurled abuses on Kailash and gave beating to him. When Lala Ram and Ram Swaroop came to intervene they were also beaten up.