RAM KISHORE ALIAS KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this appeal the appellants, six in number, have impugned the judgment dated August 27, 2002 of the learned Additional Sessions Judge (Fast Track) Bandikui District Dausa whereby the appellants were convicted and sentenced as under:- Ram Kishore @ Kishore, Kishan Lal, Ramji Lal, Jagdish and Ramniwas: u/s. 302/149 IPC: = Each to suffer imprisonment for life and fine of Rs. 1000/- , in default to further suffer simple imprisonment for one month. u/s. 148 IPC: = Each to suffer rigorous imprisonment for one year and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. u/s. 323 IPC: = Each to suffer simple imprisonment for one month and fine of Rs. 100/-, in default to further suffer simple imprisonment for five days. Ganga Sahai: u/s. 302 IPC: = To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month. u/s. 148 IPC: = To suffer rigorous imprisonment for one year and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. The substantive sentences were ordered to run concurrently.

(2.) THE prosecution case is as under:- On November 3, 1999 Police Station Kolwa recorded parcha bayan (Ex. P. 1) of injured Surjan Singh (PW. 2), wherein he stated that on November 2, 1999 in evening around 6 PM while he was going to village Khanpur from his house, he was wayled by Kishore, Jagdish, Kishan Lal, Ramniwas and Ramjilal. Kishore inflicted Barchhi-blow on his head as a result of which he fell down. When Avtar and Ganga Bishan intervened they were also beaten up. Ganga Sahai gave axe-blow on the head of Ganga Bishan. On the basis of parcha bayan case under sections 147, 148, 149, 323, 324 and 307 IPC was registered and investigation commenced. In the course of investigation Ganga Bishan succumbed to his injuries and section 302 IPC was added. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Bandikui District Dausa. Charges under sections 148, 323, 325/149, 307, 302 and 302/149 IPC were framed against the accused, who denied the charges and claimed trial. THE prosecution in support of its case examined as may as 21 witnesses. In the explanation under Section 313 Cr. P. C. , the appellants claimed innocence. Five witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) IN Vajrapu Sambayya Naidu vs. State of A. P. (supra) the Apex Court held that where the injuries sustained by the accused were not explained by the prosecution it probabilise the case of defence that the prosecution party was the aggressor.