RAMDAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The accused-appellants have filed these three separate appeals under Section 374 Cr.P.C. against the judgment of conviction and order of sentence dated 26.5.2015 passed by the Additional Sessions Judge No.2, Jaipur District, Jaipur in Sessions Case No.01/2013 whereby the learned trial Court has found all the appellants guilty for the offences under Sections 149, 459, 323 and Section 302 read with Section 149 I.P.C. Accused-appellant-Shankar Lal has also been held guilty for offence under Section 325 I.P.C. and the remaining four for offence under Section 325 read with Section 149 I.P.C. The appellants have variously been sentenced and it is also ordered that all the substantive sentences would run concurrently. The learned trial Court also awarded an amount of Rs.2,50,000/- as compensation to victim-Shri Nand Kishore. It is to be noted that in all ten persons were named as assailants in the FIR but charge-sheet was filed against seven persons only and two of them namely; Rajesh Kumar and Fatehlal have been ordered to be acquitted as they were found not involved in the incident in which one person died and four others sustained injuries. As all these appeals arise out of the same judgment and order, with the consent of learned counsel for the parties, they were heard together and are being decided by this common judgment.

(3.) Brief relevant facts for the disposal of these appeal are that for an incident allegedly taken place on 12.6.2011 at 2:00 pm at the house of the complainant party, written report (Exhibit P/1) was submit by the complainant P.W.1-Shri Nand Kishore on 12.6.2011 itself at 8:30 pm at SMS Hospital, Jaipur to the effect that when they were sleeping inside of their house, their neighbours-Ramswaroop, Shankar Lal, Ram Dayal, Bhagirath, Anant Kumar, Chandra Prakash, Smt. Kamli and Smt. Shanti along with their relatives namely; Rajesh and Fatehlal (all ten in number) armed with various deadly weapons and in furtherance of their common object suddenly and forcibly entered into their house and assailed Nand Kishore, Ranjeet, Hari Narayan, Nanagram and Kumari Nisha as a result of which injuries were sustained by them. It was further alleged that injured-Nanagram was referred to SMS Hospital, Jaipur, but he died after some time during treatment as a result of injuries inflicted upon him by the aforesaid assailants. It was alleged that Gopal, Shrawan Lal and Ramdayal have witnessed the incident. It was also alleged that some other persons (not named) were also present at the time of the said incident. Prior dispute of the year 2010 between the parties was alleged motive of the incident. On the basis of written statement (Ex.P/1), FIR No.54/2011 came to be registered at Police Station Andhi (Jaipur) for the offences under Sections 143, 148, 149, 323, 452 and 302 IPC against all the ten persons named in the FIR, but after investigation charge-sheet was filed only against seven persons and both the women and Chandra Prakash were left out. Seven persons against whom charge-sheet was filed faced trial for the offences under Sections 148, 459, 323 325, 325/149, 302 and for offence under Section 302/149 IPC. In support of the charges, prosecution produced oral as well as documentary evidence whereas appellants in their statements under Section 313 Cr.P.C. denied the prosecution evidence and specifically pleaded that they have falsely been implicated in the incident due to enmity. DW.1-Tulsiram was produced by them as witness in defence and in the cross-examination of prosecution witnesses their police statements were got exhibited.