BABU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WHILE the accused party was in settled possession over agricultural land, the complainant party went to the land and prevented the accused party from ploughing the land. Two groups then indulged in a free fight resulting in the death of Sua and Peeru. The appellants, six in number, along with nine co-accused persons, were put to trial before learned Additional Sessions Judge (Fast Track) No. 2, Ajmer Camp Beawar, who vide dated January 12, 2006 convicted and sentenced the appellants as under: Appellant Babu, Najir, Nijam, Ratan, Natha and Nahra @ Nara: Under Section 302/149 I. P. C. : Each to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months. Under Section 148 I. P. C. : Each to suffer rigorous imprisonment for one year. Under Section 325/149 I. P. C. : Each to suffer rigorous imprisonment for three years and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months. Under Section 323/149 I. P. C. : Each to suffer rigorous imprisonment for six months. The substantial sentences were ordered to run concurrently.

(2.) THE incident occurred on June 17, 2001 at 10 a. m. Investigation under Section 147, 148, 302, 307, 447, 336 and 149 I. P. C. commenced by the Police Station Sadar Beawar on the Parcha Bayan (Ex. P/55) of injured Salim (PW-15) who was admitted in Amrit Kaur Hospital Beawar 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) No. 2, Ajmer Camp Beawar. Charges under Sections 447, 147, 148, 302/149, 307/149, 325/149 and 323/149 I. P. C. were framed against the accused, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 25 witnesses. In the explanation under Section 313 Cr. P. C. , the appellants claimed innocence. Two witnesses in support of their defence were examined. Learned trial Judge on hearing final submissions, while acquitting nine accused persons, convicted and sentenced the appellants as indicated hereinabove.

(3.) LEARNED trial Judge after having analysed the proposition evidence observed in para 45 of the impugned judgment thus: ***