DHANPHOOL & 2 ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Would the whole prosecution case feel like a pack of cards if its bedrock is not proved as a fact? This is a question of prime importance in this criminal appeal preferred by the accused appellant against the judgment passed by the Additional Sessions Judge Dausa in Sessions Case No.45 of 1994 whereby the accused appellant was convicted under Sec. 302 Penal Code and sentenced to suffer life imprisonment and a fine of Rs. 500.00 (in default to further undergo one month imprisonment) Since identical questions of law and fact arise in the revision petition filed by the complainant Ram Gilas, and the appellant Dhanphool filed jail appeal and representative appeal which are registered as D.B.Cr. Jail Appeal No.269 of 1995 and D.B.Cr. Appeal No. 200 of 1995, against the said judgment, we proceed to decide appeals as well as revision petition by a common order.

(2.) (i). In the written F.I.R. (Ex.P5) lodged by informant Ramgilas on 30.6.1993 at 3.00 a.m. with the police station Salempur, Dist. Dausa it was stated that he, Bhagwani, Srimant, Hansi Amar Singh and Mitthu were followed by 15-20 persons out of which Dhanphool was having farsa, Badam was armed with lathi, Girraj was also having farsa, Srikishan was armed with fire arm, Rameshwar as having sword, Nemi, Shiv, Dayal, Prahlad, Bharatlal, Raju, Amar Singh and Rajmal were also armed with weapons and guns. All of them started inflicting blows by the said weapons and opened fire. Informant Ramgilas had fallen down after sustaining a lathi blow. The witnesses intervened and took the injured persons to the hospital. Injured Amar Singh was referred to Jaipur, but was died on the way.

(3.) On the other hand Mr.R.S. Agrawal, the learned Public Prosecutor and Mr. S.C. Sharma, learned counsel for the complainant, though supported the conviction of accused appellant Dhanphool but contended that the acquittal of other co-accused Raju, Bharatlal, Nemi and Hansraj was illegal as the eye-witnesses have implicated them also. These co-accused persons are also guilty of the offences for which they were charged. Finding of the trial court to the extent of acquittal of co-accused Raju, Bharatlal, Nemi Chand and Hans Raj is liable to be quashed and they deserve to be convicted for their participation be set aside and they be convicted for their acts of taking part in the murder of the deceased as well as for their acts of causing injuries to the witnesses.