LAKHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under section 374 (2) of the Code of Criminal Procedure is directed against the judgment and order dated 7-10-2003. passed by learned additional District and Sessions Judge, Fast track, Alwar, whereby the accused appellants Ami Lal, Lakhan and Kala Ram alias kaluram have been convicted and sentenced as under :-Under Section 302. IPC life Imprisonment each with fine of Rs. 5000/- each, in default of payment of fine to under go one year additional rigorous imprisonment each. Under Section 341. IPC one month's simple imprisonment each. Under Section 3/25 Arms Act appellant Kalaram alias Kaluram has also been convicted and sentenced three years rigorous imprisonment with fine of Rs. 2000/-, in default of payment of fine, to under go six months additional rigorous imprisonment. All the sentence were ordered to run concurrently.

(2.) ACCORDING to the prosecution case, a written report (Ex. P. 17) was lodged by informant Bhagwan Sahai son of Pratap Gujar resident of Dhani Dadhikar at Police Station Sadar Alwar, on dated 15-6-2001 at 8. 15 p. m. wherein he stated that on that day at about 6 p. m. he along with his brother surjan and his brother's son Prahlad and banwari had gone to bring Bazri (crystal sand used in construction) in the Tractor-Trolley from the jungle. Suddenly Lakhan, rohitash, Kala, all sons of Sohan Lal and ami Lal s/o Ram Ratan, armed with gun and farsies, came out of the pits where they were hiding and attacked. Kala and Rohitash fired on Surjan while Lakhan and Amilal assaulted him with farsies. The informant along with Prahlad and Banwari ran away from there to save their lives while Surjan died at the spot. On receipt of the aforesaid report a case under Sections 302/34, 341 of the Indian Penal Code was registered and the investigation commenced. After completion of investigation challan was filed. The case was committed and in due course it came up for trial in the Court of Additional sessions Judge (Fast Track), Alwar.

(3.) ALL the accused appellants including rohitash were charge sheeted for the offence under Sections 341, 302, and in the alternative under Sections 341 and 302/34, IPC while the accused appellants Kalaram alias kaluram was also charge sheeted for the offence under Section 3/35 of the Arms Act. Since Rohitash was absconding, therefore, trial proceeded against the present appellants.