BALU RAM SON OF SHRI HAZARI LAL, BY CASTE GURJAR, RESIDENT OF LAXMIPURA, POLICE STATION SADAR BUNDI, DISTRICT BUNDI, RAJASTHAN Vs. THE STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR

JUDGEMENT

(1.) This criminal appeal has been preferred by the complainant-appellant Balu Ram son of Hazari Lal and Criminal leave to appeal has been filed by the State of Rajasthan against the judgment dated 03.12.2015 passed by District and Sessions Judge, Bundi in Sessions Case No. 13/2014 whereby the learned Sessions Judge acquitted the accused respondents Jagannath son of Chhoga, Kanha son of Chhoga, Dev Lal son of Kanha and Sosar Bai wife of Jagannath all are by caste Gurjar residents of Laxmipura Police Station Sadar Bundi. The prosecution story in brief is that one Balu Ram son of Hazari submitted a written complaint Ex.P-5 to Badrilal (PW-9) ASI of Police Station Sadar-Bundi, District Bundi on 11.10.2013 at 4:45 PM indicating that on 11.10.2013 at about 3'O clock, his nephew Gyani Lal, who is deceased and his sister Lalita Bai was going to their field on foot and as they reached near the well, the accused-persons namely Jagannath son of Chhoga, Khana Son of Chhoga, Dev Lal son of Khana, Neva Lal son of Khana, Bisra Bai D/o Khana, Dhapu Bai wife of Khana, Amarjeet son of Jagannath, Chouthmal son of Jagannath, Ram Kanya Bai D/o Jagannath and Sosar Bai wife of Jagannath, all equipped with axe (Kulhadi), Lathi, Gandasi and Rod were sitting in a charged position and when Gyani Lal passed through the way, they attacked on him, whereupon his sister Lalita shouted and started weeping. On hearing her voice, he reached at the spot and scolded the accused-persons then they bent to beat him and outdared then he returned to his village to call other persons and when he returned to the place of incident, they were beating Gyani Lal and he fell on the ground in pool of blood and then the accused persons ran away thinking him to be dead. Thereafter Gyani Lal was taken to the hospital and he died on the way etc.

(2.) On receipt of above report, an F.I.R. (Ex.P-13) was registered at Police Station Sadar-Bundi, District Bundi being F.I.R. No. 344/2013 for commission of offence under Section 147, 148, 149 and 302 of I.P.C. and investigation commenced.

(3.) During the course of investigation, police got conducted post-mortem of Gyani Lal and obtained report, handed over the dead body of Gyani Lal to his relatives for last rituals, samples of blood smeared soil and control soil were taken from the scene of occurrence, clothes worn by the deceased at the time of incident were seized, site plan was prepared, obtained photographs of place of incident, statements of witnesses were recorded under Section 161 of Cr.P.C., accused-persons were arrested, weapons were recovered from the accused-persons in consequence of informations given by them, juvenile-Chouthmal was detained and weapon was recovered in consequence of his information. Articles of the deceased and weapons seized from accused-persons were sent to FSL and after usual investigation the charge-sheet was filed against the accused-respondents for commission of offence under Section 147, 148, 149 and 302 of IPC in the Court of ACJM, Bundi. The offences being triable by the Court of Sessions, the case was committed to the Court of Sessions Judge, Bundi. Charge-sheet was also filed against juvenile Chouthmal for commission of offence under Section 147, 148, 149 and 302 of IPC before juvenile Justice Board, Bundi.