SUFEDA AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants, eleven in number, have filed this appeal impugning the judgment dated March 6, 2003 of the learned Additional Sessions Judge (Fast Track) Kaman, whereby they were convicted and sentenced as under

(2.) It is the prosecution's case that on Feb. 15, 1991 at 4.30 PM informant Chhanga (Pw.2) submitted a written report (Ex.P-1) at Police Station Jurahara to the effect that Kamru and others committed theft of his mustard crop 2-3 days back and the matter was reported to police. Two police persons came for investigation and informant took them in Maruti Car to the field on Feb. 15, 1991 at 11 AM. Chhanga, Akku, Hasan and Israyal also accompanied them. Suddenly Sufeda, Kamru, Kanka, Kallu, Mast Khan having Jellys, Amru, Jumme Khan, Samsu, Aasu, Noor Khan and Tulsi alongwith 8-10 persons armed with lathis and chantiya came over there and started beating Akku and Hasan Khan and took them dragging to the Kotha of Kamru, where Akku and Hasan Khan were killed. They set ablaze Chhappars and fled away. The dead bodies were lying in Kotha. On that report a case was registered under sections 302, 323, 342 and 447 Penal Code and investigation commenced. Dead body was subjected to autopsy, 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) Kaman. Charges under- sections 147, 148, 436 and 302 Penal Code were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 19 witnesses. In the explanation under Sec. 313 CrPC, the appellants claimed innocence. One witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) Learned counsel for the appellants while assailing the impugned judgment took us through the material on record.