BABU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BABU, Pooran, Radhey @ Radhey Shyam and Narsi @ Narsi Ram, the appellants herein, were put to trial before learned Additional Sessions Judge (Fast Track) Hindaun City, who vide judgment dated November 22, 2002 convicted and sentenced them as under:- u/s. 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months. u/s. 323/34 IPC: Each to suffer rigorous imprisonment for six months. The substantive sentences were ordered to run concurrently.

(2.) IT is the prosecution case that on February 21, 2001 informant Mahendra Singh submitted a written report (Ex. P. 3) at Police Station Todabhim stating therein that on the said day around 11 AM while Prahlad was coming with some food articles from Ajeej Salimpur he was way-led near Tube-well by Radhey, Narsi, Ramavtar, Babu and Pooran, who were armed with lathis and Dharias. Radhey, Narsi and Babu inflicted lathi blows on the head of Prahlad, as a result of which he fell down. Ramavtar, Pooran, Sabooti and Kapoor also caused injuries on the person of Prahlad. Prahlad was removed to the hospital where he was declared dead. On that report a case under Sections 147, 148, 149, 323, 341 and 302 IPC was registered and investigation commenced. Necessary memos were drawn, statements of witnesses were recorded and after completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Hindaun City. Charges under sections 323/34 and 302/34 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 14 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence and stated that since they have lodged cross case, therefore they have been implicated falsely. One witness in support of their defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) IN support of the defence version the appellants examined Dr. Hari Singh Bhandari (DW. 1) who had seen the injuries of Babu Lal, Pooran, Narsi, Radhey Shyam, Shri Kishan and Dropati and drew injury reports Ex. D. 7a, Ex. D-8a, Ex. D. 9a, Ex. D. 10a, Ex. D. 11a and Ex. D. 12a. A perusal of Ex. D. 5 shows that cross case was registered on the report of Shri Kishan against Prahlad, Bheemraj, Abhay, Mahendra, Dan Singh, Vijendra, Keshav, Saroopi, Jal Singh, Piro and Battu who were the members of complainant party.