RAJA RAM @ RAJO RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Raja Ram alias Rajo Ram was put on trial alongwith Jai Singh son of Mooli Singh before the learned Additional Sessions Judge No. 2, Bharatpur in Sessions Case No. 40/93. During trial, co-accused Jai Singh absconded hence the trial proceeded against the appellant alone. The charge against the appellant was that he was a member of an unlawful assembly and in pursuance to the common object of the assembly, one Kartar Singh of Village Chimini was murdered by gun-shots. The trial Court vide impugned judgment dated July 24, 1995 convicted the appellant under Sec. 148 and 302 read with Sec. 149 I.P.C. and sentneced him to undergo imprisonment for life and to pay a fine of Rs. 500.00 under Sec. 302/149 I.P.C. and in default, to undergo three months' rigorous imprisonment. He was further awarded two years rigorous imprisonment under Sec. 148 I.P.C. Substantive sentences were ordered to run concurrently. This appeal is preferred by the appellant being aggrieved by his conviction and sentence.

(2.) Put briefly, the prosecution case, as unfolded in the First Information Report (EI.R.) Ex.P. 6, is that the deceased Kartar Singh was going on foot from his village Chimni to catch train for Agra in the morning of March 10, 1993. P.W. 3 Digambar Singh was following him at a short distance. When they reached near the field of one Dharmi Ahir, about one Kilometer away from village Chimni, then, suddenly five persons emerged out of the field and made gun fires on Kartar Singh. The appellant was named one of them in the report. Crime No. 102/93 was registered under Sec. 147, 148, 302/149 I.P.C. at Police Station, Kumher on the report made by Digambar Singh and formal F.I.R. (Ex.P. 7) was chalked-out.

(3.) After registration of the crime, investigation was taken by Sub-Inspector, Prabhu Lal. The Investigating Officer (for short the 1.0.), then, inspected the site of occurrence and prepared site-plan Ex.P. 2. He also prepared Inquest report of the dead body Ex.P 8. Blood stained and control soil were seized from the place of occurrence vide Memo Ex.P. 4. A bag belonging to the deceased was also seized from the place of occurrence vide Memo Ex.P. 5. Clothes of the deceased were seized vide Memo Ex.P. 9. The post-mortem examination of the dead body was made by P.W. 11 Dr. Babu Lal Meena vide post-mortem report Ex.P. 19, who noticed the following external injuries on the dead body :