ROSHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 11 -9 -1976 passed by the Additional Sessions Judge Sawai Madhopur, Camp at Gangapur City in Sessions case No. 76/75 (95/75) whereby he has convicted the accused appellants under Section 302/149 IPC and sentenced them to life imprisonment and a fine of Rs. 50/ - each. The accused -appellants arc also convicted and sentenced under Sections 148, 147, 323 IPC.

(2.) THE brief facts are that PW 1 Om Prakash lodged a verbal report Ex.P. 3 at Police Station, Mahuwa. It has been alleged in that report on 10 -7 -1975 at 7 or 7.30 a.m. deceased Ghamandi, father of the informant had been ploughing his field. At that time Smt. Kampoori PW 2 was also there on the field and one Ram Lal was also helping the deceased in ploughing the field. It has been further alleged in the report that the informant also reached the field where the deceased Smt. Kampoori and Ram Lal were ploughing the field. At that time the accused -appellants along with Mst. Bhooti and Bhima came there from the village. Accused -appellants Roshan, Prabhu, Punia and Mohar Singh were armed with Farsi and rest of the accused -persons with lathis. All the accused -appellants and the persons who accompanied the appellants asked the deceased Ghamandi not to plough the field but Ghamandi insisted in ploughing it by saying that the field belonged to him. At this the accused -appellant Roshan gave a Farsi blow on the head of the deceased, as a result of that the deceased fell -down. After that the accused -appellants Prabhu, Punia and Mohar Singh inflicted Farsi blows on the legs and hands of the deceased. It has been further alleged in the report that Shri Ganga Sahai and Bhima inflicted lathi blows on the person of the informant's mother Smt. Kampoori. It has been further alleged in the report that after sustaining the injuries Ghamandi died on the spot. Many persons assembled there. In the report Ram Lal was cited as an eye witness. It has been further alleged in the report that the informant visited Police out post, Mandawar but In -charge Police outpost was not there so he had come to the Police Station and lodged the report. On the basis of this report, a case under Sections 302, 447, 148, IPC was registered at Police Station, Mahua and Shri Gopal Ram the then SHO Police Station Mahua started investigation. He went to the place of occurrence and prepared the site -plan inquest report and took the blood -stained earth from the place of occurrence. PW 5 Dr. S.L. Sharma conducted the post mortem on the dead body of Shri Ghamandi and he also medically examined Smt. Kampoori about her injuries and Pharsis were recovered as a result of information given by the accused -appellants Roshan, Mohar Singh, Prabhu and one Tanchia is alleged to have been recovered as a result of information given to the Police by accusedPunia, lathies were recovered as a result of the information given to the Police by Ganga Sahai and one more Farsi was also recovered from the possession of Mardana, blood -stained clothes of deceased Ghamandi were also taken in possession. The recovered weapon of offence and the blood stained clothes of accused -appellant Roshan and deceased were sent for Chemical Examination and all of them were found to be stained with blood by Director, Fornesic Science Laboratory, Jaipur vide his report Ex. P 26. After completing the investigation, a chargesheet was filed against all the seven persons in the Court of Additional Munsif -cum -Judicial Magistrate Hindaun where in accused -appellant Bhima was shown as absconding. The learned Magistrate committed the case for trial and the trial was conducted by the Additional Sessions Judge, Sawai Madhopur camp at Gangapur city charges under the various section of the IPC specially under Section 302 and in the alternative under Section 302 read with 149 IPC were framed against the accused -persons. All the accused -appellants denied the charges and claimed to be tried.

(3.) AFTER the close of the prosecution evidence the accused -appellant were examined under Section 313 Cr. PC. All the accused -persons including the appellants admitted that Khasra No. 42 where the occurrence took place was in the possession and ownership of deceased Gamandi but they denied all the facts alleged regarding the occurrence and further stated that they have been falsely implicated in this case. Accused -appellant Punia stated that in the morning of the day of occurrence, he had gone to graze his sheep and goats in the jungle. His pet dog was also with him. The sheep entered into the field of deceased Ghamandi who threw stones on the sheep. Deceased Ghamandi inflicted the Farsa blows on the dog. It has further been stated by Punia that he then came back to the house and narrated this incidence to his brother accused -appellant Roshan who went to reprimand the deceased. Accused -appellant Roshan has also given the same version as of Punia but he further added that deceased Ghamandi gave Pharsi blows on his hand and he came back and went to the hospital for the purposes of treatment of the injury sustained to him. It was further stated by the accused appellant Roshan that his father Ram Singh was murdered by deceased Ghamandi who was his real uncle along with Smt. Kampoori and one Chajia and murder case was pending against them at the time of this occurrence and on account of that enmity, they had been falsely implicated him in this case. Accused appellants Prabhu, Punia and Roshan are the real brothers. Accused -appellant Mohar Singh has stated in his statement under Section 313 Cr.PC that he was cited as witness in the murder case pending against the deceased Ghamandi, Smt. Kampoori and Chajia. On account of this he has been falsely implicated in this case. Accused appellant Ganga Sahai is the father of accused -appellant Mohar Singh.