OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants Om Prakash along with three sons of Ram Swaroop namely Sant Lal, Prem and Balwan were put to trial on the charge of murder of Jai Lal. The learned Additional Sessions Judge (Fast Track), Churu by the impugned judgment dated 27.11.2002 having found the prosecution case proved, convicted the appellants Om Prakash and Sant Lal for offence under Section 302 IPC and sentenced each of them to imprisonment for life and to pay a fine of Rs.500/- in default of payment of fine to further undergo simple imprisonment for three months. Appellants Prem and Balwan have been convicted for offence under Section 302 IPC with the aid of Section 34 IPC and sentenced in the same manner. All the appellants have also been convicted for offence under Section 450 IPC and sentenced to five years rigorous imprisonment and to pay a fine of Rs.200/- in default of payment of fine to further undergo simple imprisonment for one month. Appellants Om Prakash and Sant Lal have also been convicted for offence under Section 3 and Section 25 of the Arms Act and sentenced to one year rigorous imprisonment and three years rigorous imprisonment respectively.

(2.) The factual scenario as emerged during the trial is that the deceased Jai Lal along with his brother PW-2 Banne Singh, PW-3 Bharta Ram and PW-9 Hari Karan lived in village Dayavath. He carried a grossery shop and flour mill in the nearby village Sidhmukh.

(3.) The complainant party in the instant case is also accused in a murder case. On the date of incident while PW-12 Subhash son of the deceased was in jail, the other persons namely PW 2 Banne Singh, PW-3 Bharta Ram and PW-9 Hari Karan were on bail. Thus, there existed hostility between the appellant Om Prakash and deceased. On 28.10.1999 PW-2 Banne Singh, PW-3 Bharta Ram, PW-9 Hari Karan etc. had gone to Rajgarh for attending the date of hearing in the case of State vs. Subhash. In the evening, they returned to village Sidhmukh.