VINOD & ANR. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 4.8.2014 passed by learned Additional Sessions Judge, Ramganjmandi, District Kota in Sessions Case No. 36/2007, whereby appellants Vinod and Ghanshyam have been convicted for offence u/s 148 and 302/149 Penal Code and sentenced as follows:-

(2.) Brief facts giving rise to this appeal are that on 6.9.2003 at about 12.30 PM, complainant Shivraj S/o Shri Ram Narayan Meena, R/o Dhakiya, Police Station Chechat informed at Mortuary, Government Hospital, Ramganjmandi to SHO, Abdul Majid Khan (PW-23) that at about 9.00 AM when he was at his house and his elder brother Giriraj had gone to river for plantation, a girl child of the locality came and informed him that Phoolchand - Master, his father Uda Patel, Ghanshyam and cousins of Phoolchand - Narendra, Vinod and Chandu are beating your brother Giriraj with sword, knife, pistol (country made pistol) and incised weapons. Immediately, the informant rushed to his brother. He saw on the way, near house of Amarlal, Phoolchand Master was assaulting his brother with pistol. He had heard the sound of fire. His brother was lying on earth. Ghanshyam, Vinod and Chandu were giving blows with knife and sword. Narendra was giving blow with Gandasi. Meanwhile, brothers of informant - Jugraj and Dhanraj also reached there. They also saw the whole incident. Ghasi Meena and other villagers also reached the spot and saw the incident. Assuming that brother has died and on seeing that, other brothers have reached, the appellants fled away towards Rai Khera. Two years ago, Phoolchand-Master had committed rape with a lady, a relative of informant. Phoolchand doubted that Giriraj had given the information of rape. Phoolchand was absconding since then. He had threatened Giriraj that he would kill him. Since then, an enmity is going on between Giriraj and Phoolchand-Master. Due to this enmity - Phoolchand, Ghanshyam, Vinod, Narendra and Chandu, with common object of killing Giriraj, attacked him and injured him. Blood was coming out profusely from the injuries and in that condition, informant and others brought Giriraj at Government Hospital, Ramganjmandi, where doctor declared him dead.

(3.) Abdul Majid Khan (PW-23), SHO, Police Station Chechat took down this information on Parcha (Ex.P-3) and sent it to Police Station and started investigation. Prior to his reach, an inquest report was prepared by Ratan Singh Chundawat, ASI, P.S. Ramganjmandi, the same was handed over to Abdul Majid Khan. On the same day at about 3.30 PM, after reaching at Police Station Chechat, FIR No. 106/2003 was formally registered. During investigation, site plan (Ex.P-4) and other necessary memos were prepared. Empty cartridges found at the site of crime, were seized vide memo (Ex.P-8) in presence of Narayan and Bherunlal (PW-4). Postmortem of the dead body was conducted by a Medical Board. Postmortem report is Ex.P-42. Blood smeared soil, control soil, blood of deceased were collected and sealed. Blood stained Baniyan and underwear of the deceased were also seized and sealed. Statements of the witnesses were recorded. Statements of witnesses Ghasi Lal, Mangi Lal, Ramesh and Bajrang Lal Bairwa were got recorded u/s 164 Crimial P.C. as well. Photography was conducted. Accused Phoolchand, Ghanshyam Meena, Narendra, Vinod Meena, Chandu @ Chandra Prakash, Mukesh and Udailal were found to have committed the offence. Accused Phoolchand, Narendra Kumar, Chandu @ Chandra Prakash and Mukesh were arrested. Appellant Udailal was granted anticipatory bail by this Court. Accused Vinod and Ghanshyam could not be arrested. They were got declared absconders. Informations u/s 27 of the Indian Evidence Act, given by the accused persons were recorded and at the instance of accused Chandu @ Chandra Prakash, a sword was recovered. A Gandasi was recovered at the instance of Narendra Kumar and a Chhura was recovered at the instance of accused Mukesh. The recovered articles were seized and sealed. After due investigation, a complete charge-sheet against appellants Chandu @ Chandra Prakash, Phoolchand, Narendra Kumar and two other - Udailal and Mukesh and incomplete charge-sheet u/s 299 Crimial P.C. against accused Vinod and Ghanshyam was filed before the Judicial Magistrate, Ramganjmandi, who in turn, committed the case for trial to the Additional Sessions Judge, Ramganjmandi, wherefrom, the case was transferred to Additional Sessions Judge, Special Court, Women Atrocities & Dowry Act cases, Kota where the case was registered as Sessions Case No. 4/2006. Accused Phoolchand was charged of the offence u/s 302 and 148 IPC. Rest of the appellants and Mukesh & Udailal were charged for the offence punishable u/s 148 and 302/149 IPC. All of them denied the charges and claimed trial. In all, 38 witnesses were examined and 53 documents were exhibited by the prosecution. Accused were examined u/s 313 Crimial P.C. Accused denied the evidence and stated that they have been wrongly implicated due to enmity. They have not committed any offence. Deceased Giriraj had enmity with all people of the area. In defence, Dinesh Kumar Rawal (DW-1) - Notary Public was examined and in all nine documents were exhibited. After hearing arguments of both the sides and considering the written arguments submitted from the side of accused, the learned trial court passed the judgment dated 24.1.2007, whereby, the learned trial court acquitted accused Udailal & Mukesh and convicted & sentenced Chandu @ Chandraprakash, Narendra and Phoolchand, as aforesaid.