PANNA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Reportable These two appeals preferred by accused-appellants namely; Panna Lal and Hari Om @ Patwari are directed against the judgement dated 17.10.2011 whereby the learned Additional Sessions Judge No.2, Bundi has convicted the accused-appellants for offence under Sec. 302 read with 34 Penal Code and sentenced each of them to life imprisonment with fine of Rs.10,000, in default whereof, they were to further undergo imprisonment of one year. They were also convicted for offence under section 341 Penal Code and each of them was sentenced to simple imprisonment of one month.

(2.) Shorn of unnecessary details, the brief facts of the case are that a written complaint was submitted to SHO Police Station Keshavrai Patan in M.B.S. Hospital, Kota by one Ram Kunwar S/o Gabur Meena on 11.05.2009 alleging therein that on that day at around 8.30 AM, when he was at his house, Mohan Lal S/o Gopilal was coming from his agriculture field towards his house after taking bath from the handpump in his agriculture field. About 50 mtrs. away from the house of informant, the accused Panna Lal, Dhanna Lal, Hari Om, Raja Ram, Puran Mal, Om Prakash, Hari Om S/o Ram Narayan, Bajrang Lal, Madan Lal, Braj Raj, Ramcharan and Shyam Sundar, who were all armed with lakri, kulharis, gandasi & saria etc. attacked Mohan Lal with an intention to murder him. It was also stated by the informant that his daughter Tasveer was also taking bath on the handpump adjacent to his own house. When she cried for help, the informant rushed towards the place of incident. Sheoji S/o Heera Meena, who was grazing his goats nearby also came rushing there. The accused thereupon ran away towards their house. Informant and Sheoji took care of injured Mohan Lal, who sustained injuries on his head, legs and other parts of the body and blood was oozing from his nostrils and mouth. Soon injured Mohan Lal became unconscious. They took him to his house and wherefrom his brother and other family members took him to Kota Hospital via Keshavrai Patan. However, on the way, Mohan Lal succumbed to the injuries. It is also stated that this incident has been witnessed by Devraj son of the deceased Mohan Lal also, who was in grief at that time and was presently in the village.

(3.) After investigation, charge-sheet was against the present two appellants filed for offence under section 302 & 341 read with 34 IPC. The accused-appellants denied the charges and claimed to be tried. The prosecution examined 20 witnesses in support of its case and exhibited 31 documents. Defence produced 4 witnesses and exhibited 16 documents. The accused in their examination under Sec. 313 Crimial P.C. alleged false involvement. The learned trial court on conclusion of the trial, convicted and sentenced the accused-appellants in the manner indicated above. Hence these appeals.