GHASI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, four in number, along with one Akheraj were put to trial before learned Additional Sessions Judge (Fast Track) Baran, who vide judgment dated August 3, 2002 convicted and sentenced the appellants as under:- Ghasi Lal, Ram Shyam, Ram Swaroop and Ram Singh: U/s. 302/149 IPC: Each to suffer life imprisonment and fine of Rs. 100/-, in default to further suffer rigorous imprisonment for one month. U/s. 323/149 IPC: Each to suffer simple imprisonment for six months and fine of Rs. 100/-, in default to further suffer simple imprisonment for fifteen days. U/s. 324/149 IPC: Each to suffer simple imprisonment for one year and fine of Rs. 100/-, in default to further suffer simple imprisonment for fifteen days. U/s. 148 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 100/-, in default to further suffer simple imprisonment for fifteen days. Substantive sentences were ordered to run concurrently. Since accused Akheraj died during trial the proceedings against him stood dropped.

(2.) IT is the prosecution case that on September 13, 2000 informant Hari Ram (Pw. 23) submitted a written report (Ex. P-34) at Police Station Sadar Baran to the effect that on the said day around 10 AM while his nephew Ramlal and other family members were sitting on the road and waiting for bus, Ghasi Lal, Ram Singh, Ram Swaroop, Ramshyam, Akheraj armed with gun and other weapons came over there in a tractor. No sooner did they reach Ram Singh opened fire that hit Roop Lal and he died instantly. Ram Singh opened another fire at Suraj Mal and others inflicted blows with Kuntia and Gandasis on the person of Roop Narayan, Sheo Karan and Roop Lal. The incident was seen by Harpal, Man Singh and other villagers. On that report a case under sections 147, 148, 149, 341, 307 and 302 IPC was registered and investigation commenced. Autopsy on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Baran. Charges under sections 148, 149, 302, 302/149, 307, 307/149, 323, 323/149, 324 and 324/149 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 23 witnesses. In the explanation under Sec. 313 Crpc, the appellants claimed innocence. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.

(3.) SECTION 149 IPC requires primarily that a person should be a member of unlawful assembly, that in prosecution of the common object of that assembly, offence should be committed by a member of that unlawful assembly, and that the offence should be of such a nature that the members of the assembly knew the offence likely to be committed in prosecution of their common object. The true legal position in regard to the essential ingredients of an offence specified by SECTION 149 are not in doubt. SECTION 149 prescribed for vicarious or constructive criminal liability for all members of such an unlawful assembly where an offence is committed by any member of such unlawful assembly in prosecution of the common object of that assembly or such as the members of that assembly knew to be likely to be committed in prosecution of that object.