RAMPRASAD AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Naval on 7.7.2009 received one injury on the occipital region and died at the spot. Along with him, his mother Manju Bai (P.W.3) the complainant, father Dev Lal (P.W.6), brother Ram Charan (P.W.5) and sister Ram Janki (P.W.13) also suffered injuries.

(2.) Ram Charan (P.W.5) brother of the deceased Naval had suffered three blunt injuries out of which injury No. 3 was fracture of Tibia and was declared grievous. Mother, Manju Bai (P.W.3) had suffered five blunt simple injuries. Dev Lal (P.W.6) father of the deceased had suffered two blunt injuries. Injury No. 1 on the head of Dev Lal (P.W.6) was declared grievous. Ram Janki (P.W.13) had suffered three simple blunt injuries being bruises. For total thirteen injuries suffered in the occurrence, in the statement (Parchabayan) Exhibit -P/1, leading to registration of FIR (Exhibit -P/34) being number 153/2009, Manju Bai (P.W.3) had named twelve persons, namely Ramprasad, Chetram S/o. Mishrilal Dhakad, Raju S/o. Mohan Dhakad, Shyamlal S/o. Mohan Dhakad, Kunjbihari S/o. Ram Narayan Dhakad, Raghuveer S/o. Jagannath Dhakad, Jagannath S/o. Prabhu Lal Dhakad, Kamlesh S/o. Nathulal Dhakad, Buddhiprakash S/o. Nathulal Dhakad, Dev Lal S/o. Nathu Lal Dhakad, Dwarka Lal S/o. Nathu Lal and Kiskanda w/o Ram Prasad, as accused.

(3.) Investigating agency by filing report under Sec. 169 Cr.P.C., got two accused namely Dwarka Lal and Dev Lal discharged from custody, whereas remaining accused Jagannath, Kiskanda and Raghuveer were not found involved in the occurrence. Consequently, the prosecuting agency submitted charge -sheet against seven accused namely, Ram Prasad, Shyama @ Shyam Lal, Chetram, Rajaram @ Raju, Kamlesh, Kunjbihari and Buddhiprakash. The charge -sheet so submitted was committed to the court of Sessions and was entrusted for trial to the court of Additional Sessions Judge No. 2, Bundi. The said court vide impugned judgment dated 26.5.2012 held Ram Prasad accused guilty of offences under Ss. 302 and 323 IPC. Accused Kamlesh was held guilty of offence under Sec. 302. However, the trial court further came to the conclusion that Chetram and Kunjbihari are only liable to be convicted for the offences under Ss. 323 and 325 IPC. Thus, the accused Kunjbihari and Chetram were acquitted of offences under Ss. 148, 307 or 307/149 and 302 or 302/149 IPC. The accused namely Shyama @ Shyam Lal, Rajaram @ Raju and Buddhiprakash were acquitted of all the offences.