RAJ KUMAR AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 7 persons were prosecuted on charges Under Sections 302, 323, 379, 447, 147, 148 and 149 of the Indian Penal Code. Raj Kumar was convicted Under section 447 Indian Penal Code for which rigorous imprisonment for one month with fine of Rs. 100.00 was imposed. He was also convicted Under Sec. 302 read with 34 Indian Penal Code for which he was sentenced to life imprisonment with fine of Rs. 1000.00. Prithvi Raj was convicted Under section 447 Indian Penal Code and sentenced to rigorous imprisonment for one month with fine of Rs. 200.00. He was also convicted Under section 302 Indian Penal for which he was awarded life sentence with Rs. 2000.00 as fine. Raj Kumar and Prithvi Raj have filed this appeal against their conviction and sentence.

(2.) On 6.12.1992 at 9.15 p.m. an FIR was lodged by the deceased himself complaining that when between 7.30 and 7.35 p.m. on that day he had gone to his Dhani, he saw a camel cart in his father's field near the stacks of Gwar crop. When he went nearer, he saw Raju Sewak and Prithvi Bishnoi and two other persons not known to him taking away Gwar crop from the field of his father with the help of the camel cart. When he accosted them and asked as to why they were taking away crop from his field, Raju Sewak fired a gun shot at him which went above his head, Prithvi gave a lathi blow on the left of eye and when he raised an alarm, his parents and his brother Madan Giri came on the spot and the accused persons ran away. Later on, Indrajit who had lodged the FIR, succumbed to injuries.

(3.) PW 2 Shanker Giri, father of the deceased stated that at the time of the incident he himself, his son deceased Indrajit, the other son Madan Giri and females of the family were there in the field and were busy in harvesting Gwar crop. At that time the accused persons, in all 7 in number having taken away one cart load of Gwar from their field had come with two carts, armed with lathies etc. Raju had a gun in his hand and Prithvi had a lathi. When second cart was loaded by the accused persons, Indrajit went near the stakes of the crop and Raju fired on him hitting him in the head. Prithvi gave a lathi blow near the eye. On raising alarm, Liladhar and many other persons came on the spot. In his cross-examination also he was emphatic that Raju fired at Indrajit and hit him in the head and Prithvi gave the lathi blow. He repeated several times in the cross-examination that Indrajit was hit in the head by the gun-shot. PW 6 Madan Giri, the brother of the deceased corroborated his father's testimony. He also was emphatic that Indrajit stated in the cross-examination that the bullet which was fired at Indrajit did not remain in his head meaning thereby that it went through and through.