RAJU AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All the five Appellants were tried by the Additional Sessions Judge No. 1, Kota for committing murder of Mohan and Babbu Harijans. The charges were that they were members of an unlawful assembly and in prosecution of the common object of the assembly committed the above double murder. Appellants Raju, Ashok and Tulsi were also charged for the offence under Sec. 4/25 of the Arms Act and the appellant Ashok had an additional charge for the offence under Sec. 353 I.P.C. The learned Additional Sessions Judge vide judgment dated March 29, 1993 in Sessions Case No. 31 of 1987 convicted all the appellants for the offence punishable under Sections 148 and 302 read with Sec. 149 I.P.C. and sentenced them to suffer one year rigorous imprisonment and to pay fine of Rs. 100.00 each (in default of payment to undergo one months rigorous imprisonment and life imprisonment and a fine of Rs. 100.00 (in default, one months rigorous imprisonment) respectively on both the counts. Appellants Ashok and Raju were further convicted under Sec. 4/25 of the Arms Act and sentenced to suffer one year rigorous imprisonment and to pay a fine of Rs. 100.00 (in default one month's rigorous imprisonment). While, appellant-Ashok was also convicted under Sec. 353 I.P.C. and sentenced to undergo one months rigorous imprisonment and to pay a fine of Rs.n 100.00. in default of payment of fine to undergo rigorous imprisonment for 15 days. The substantive sentences were ordered to run concurrently.

(2.) The prosecution case lies in a narrow compass. The occurrence had taken place at about 8 p.m. on Nov. 7, 1986 on the public road near Mohan Cinema Talkies in the city of Kota. The report of the incident was promptly made to the Police Station, Kaithunpole, Kota within half an hour at 8.30 p.m. by P.W. 1 Constable Brij Mohan. The prosecution story about the incident, as unfolded in the First Information Report (for short F.I.R.), was that informant Brij Mohan was on patrolling duty near the place of incident at the relevant time, and "had gone to a near by hotel 'Toofan Mail' to take water, Constable Rekh Chand was taking his meals there. At about 8 p.m. they heard loud noise towards Mohan Talkies, where-upon, they rushed there and found two persons lying on the road infront Mohan-Talkies and were being assaulted by 5-6 persons with knives and lathis. The proceeded further to rescue the victims but the assailants, seeing them in police dress, fled away towards Chhota Talab. Informant Brijmohan constable identified the appellants Babu, Raju and Ashok of Ladpura area to be amongst the miscreants. The remaining persons were not known to him. Raju and Ashok had knives while Babu was having a lathi at that time. Constable Brijmohan succeeded in catching hold the appellant Babu while he was running but in the struggle both fell down and he managed to get escaped. One of the miscreants inflicted a lathi blow on the shoulder of Brijmohan. Appellant Ashok also made an attempt to strike him with a knife but it was warded off by stepping towards back. Prosecution story further guess that Ramesh Harijan and constable Murlidhar came at the site and chased the miscreants but could not succeed in holding them. Then, Constables Brijmohan, Rekh Chand and Murlidhar went to the place where Mohan and Babu Harijan were lying injured in a pool of blood with several wounds on their persons. Mohan had succumbed to his injuries on the spot, while Babu was alive. Both of them were immediately taken to the hospital by Constable Rekh Chand and Murlidhar, while Brijmohan went to the police station to make the report. Crime No. 141/86 was registered at Police Station, Kaithunpole, Kota under Sec. 302, 307, 147, 148, 149, 332 and 353 I.P.C. On the report made by Constable Brijmohan.

(3.) After registration of the case, investigation was made by P.W. 12 - Randhir Singh Yadav, who was posted as Station House Officer (S.H.O.) of the Police Station, Kaithunpole. In the course of investigation, he inspected the scene of occurrence and prepared site-plan Ex. P2. Photographs of the dead bodies (Ex.P. 14 and Ex. P 22) were taken by Laxman Singh Photographer. Blood stained and control soil was taken from the scene of occurrence vide memos Ex. P27 to Ex.P 30. A cycle, lying at the place of occurrence, was seized vide memo Ex. P. 31. The inquest report (Ex.P. 6 and Ex.P 9) of the dead bodies of Babu and Mohan were also prepared and their blood stained cloths were seized vide memos Ex.P 8 and Ex.P 23. Appellants Ashok, Babu and Raju were arrested vide arrest memos Ex. P 33. Ex.P 34 and Ex.P 35. While appellants Tulsi Ram and Kalu were arrested vide arrest memos Ex.P 36 and Ex.P 37. During investigation appellant Ashok gave information (Ex.P 38) and in pursuance to that disclosure a knife was recovered from his house vide seizure memo Ex.P 12. On similar disclosures weapons were recovered from other accused persons. After completion of usual investigation, a charge-sheet was laid against all the appellants in the Court of Special Judicial Magistrate, Kota, who in turn committed the case to the Court of Sessions, from where-it was made over to the Court of Additional District and Sessions Judge No. 1. Kota for trial.