SHYOJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are directed against common judgment dated 05.07.2010 passed by the Additional Sessions Judge (Fast Track), Sawaimadhopur, whereby accused-appellants, namely, Shyoji and Mukesh in Criminal Appeal No.440/2010, and accused-respondents, namely, Smt. Leela, Smt. Ram Kanya and Smt. Sunita, in Criminal Appeal No.481/2010, were convicted and sentenced in the following manner:- <FRM>JUDGEMENT_45_LAWS(RAJ)9_2016.html</FRM>

(2.) Facts giving rise to these appeals are that complainant Girraj submitted a written report (Exhibit P-1) on 28.09.2008 at Police Station Chauth Ka Barwada, District Sawaimadhopur to the effect that on 28.09.2008 he went to the agricultural fields, which are in the actual and physical possession of his father, for sowing the mustard seeds, wherein at about 12.00 PM one Mukesh along-with Shyoji, Lekhraj, Leela, Ramkanya, Sunita, Hansa, Prem, Devnarain, Ramsagar, Ansag, Shankar, Harkesh and Harinarayan, laced with 'lathis' came in a tractor in the fields of the complainant and said that today they will kill him and with intention to kill, Mukesh ran over the tractor on his mother twice due to which his mother Dhapu sustained serious injuries and died in Sawaimadhopur Hospital.

(3.) On the basis of the written report, the police registered F.I.R. No.277/2008 for offence under Sections 147, 148, 149, 323 and 302 of the Indian Penal Code against the accused persons and commenced investigation. In completion of investigation, the police filed chargesheet against accused Mukesh, Smt. Leela, Smt. Ramkanya, Smt. Sunita and Shyoji, for offence under Sections 147, 148, 149, 323 and 302 IPC. The court below took cognizance against all the five accused persons and, since the matter was to be tried by the court of Sessions, committed the same to the court of the District and Sessions Judge, Sawaimadhopur, and ultimately it came to be transferred to the court of Additional Sessions Judge (Fast Track), Sawaimadhopur, for trial. Learned trial court framed the charges against all the five accused-persons for offence under Sections 147, 148, 323, 323/149, 302 and 302/149 of the IPC. The accused persons denied the charges and claimed to be tried.