RAJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in these two appeals is to the judgments dated December 17, 1999 and April 13, 2004 rendered respectively by learned Additional Sessions Judge No. 1 Sikar and Additional Sessions Judge (Fast Track) No. 2 Sikar. Since both the judgments relate to one incident occurred on August 15, 1998, we proceed to decide these appeals by a common judgment. Appellants Bajrang Lal, Har Lal and Mangi Lal were tried together in Sessions Case No. 1/1999 and they were convicted and sentenced as under:- u/s. 147 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 200/- in default to further suffer rigorous imprisonment for one month. u/s. 148 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 200/- in default to further suffer rigorous imprisonment for one month. u/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 2000/- , in default to further suffer rigorous imprisonment for six months. u/s. 324/149 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 200/- in default to further suffer rigoruous imprisonment for one month. u/s. 323 IPC: Each to suffer simple imprisonment for six months. The substantive sentences were ordered to run concurrently. Investigation against appellants Rajkumar and Indraj was kept pending under Section 173 (8) Cr. P. C. They were nabbed subsequently and convicted and sentenced in Sessions Case No. 24/2002 thus:- u/s. 147 IPC: Each to suffer rigorous imprisonment for one year. u/s. 148 IPC: Each to suffer rigorous imprisonment for one year. u/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/- , in default to further suffer rigorous imprisonment for six months. The substantive sentences were ordered to run concurrently. Since during the pendency of appeals appellants Har Lal and Mangi Lal died, their appeals stand abated.

(2.) IT is the prosecution case that on August 15,1998 around 11. 30 AM while Tara Chand (now deceased) was returning from the school, he was belaboured on the way near the well by the appellants and beaten up with deadly weapons. He was removed to the hospital where he was declared dead. Informant Bhagirath lodged a written report at Police Station Raghunath Garh, where a case under sections 147, 148, 149 and 302 IPC was registered and investigation commenced. Dead body of Tara Chand was subjected to autopsy. Necessary memos were drawn. Statements of witnesses were recorded. The appellants Mangi Lal, Harlal and Bajrang Lal were arrested and on completion of investigation chargesheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 1 Sikar. Charges under Sections 147, 148, 302 alternatively 302/34, 324, 324/149 and 323 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 19 witnesses. In the explanation under Sec. 313 Cr. PC. , the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants Mangi Lal, Har Lal and Bajrang Lal as indicated herein above. The investigation was kept pending against appellants Raj Kumar and Indraj and they were arrested subsequently. In a separate trial they were convicted and sentenced as narrated above.

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