KEDAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LIFE in essence is like an unobstructed, unrestrained, uncontrolled flow of a river. Life flows at its own pace and ultimate source of pain and suffering is the tendency to cling to and obstruct the flow. Prakash, Chiranji and Jagram, who had forgotten to live with the flow lost their life while involving themselves in a land dispute. As many as 29 persons were named as assailants and put to trial before learned Special Judge SC/ST (PA) Cases Sawai Madhopur for having committed triple murder. Learned Judge vide judgments dated January 10, 2002 and June 30, 2005 convicted and sentenced twenty eight assailants (appellants herein) as under: Appellants Kedar, Kishore @ Ram Kishore, Babu Lal @ Ram Dhan, Laddu Lal, Jai Ram, Ram Swaroop, Harbhajan @ Bhajan, Moji Ram, Ramkesh S/o Shyopal, Shyoji Ram @ Shyoji, Gopal s/o Govinda, Brij Mohan, Kalu Ram @ Kalu, Hajari, Morapal, Dhanpal, Jamna Lal, Indra Raj, Shyokaran s/o Mool Chand, Shravan, Hanuman, Ramkesh s/o Shyopal, Ramji Lal, Mathura Lal, Jas Karan, Hari Ram, Kailash and Vilas @ Ram Vilas (vide Judgment dated January 10, 2002): Appellants Ramphool and Ganga Bishan (vide Judgment dated June 30, 2005): Under Section 148 IPC: Each to suffer rigorous imprisonment for one year.Under Section 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 500/ -, in default to further suffer simple imprisonment for three months.Under Section 326/149 IPC: Each to suffer rigorous imprisonment for five years and fine of Rs. 300/ -, in default to further suffer simple imprisonment for two months.Under Section 325/149 IPC: Each to suffer rigorous imprisonment for three years and fine of Rs. 200/ -, in default to further suffer simple imprisonment for one month.Under Section 324/149 IPC: Each to suffer rigorous imprisonment for two years and fine of Rs. 100/ -, in default to further suffer simple imprisonment for fifteen days.Under Section 323/149 IPC: Each to suffer rigorous imprisonment for six months.The substantive sentences were ordered to run concurrently.

(2.) ON July 11, 2000 a typed report was handed over by informant Banshi to the SHO Chauthka Barwada at General Hospital Sawi Madhopur to the effect that on July 10, around 8.30 AM while informant along with Prakash, Chiranji, Jag Ram (since deceased), Hanuman, Teeka Ram, Chauth Mal, Ganga Ram and Harphool were sowing 'Bajra' in their fields, the accused persons (named in the report) armed with Gandasis, axes and lathis came over there in three tractors and surrounded them. Ram Niwas ex -Sarpanch (absconding), Kishore and Kedar inflicted injuries on the person of Prakash with Gandasis, Mathura Lal, Jas Karan, Laddu and Babu s/o Prahlad caused injuries on the person of Chiranji with Gandasis and axes, whereas Ganga Bishan, Ram Swaroop, Bhajan, Jai Ram and Moji Ram gave blows with Gandasis and Axes on the person of Jag Ram. Informant, Hanuman, Harphool, Ganga, Chauth Mal and Teeka Ram, who made attempt to intervene, also sustained injuries. On that report a case under Sections 147, 148, 149, 323, 307, 341, 447 and 302 IPC was registered and investigation commenced. Autopsy on the dead bodies were performed, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed against 29 accused. In due course the case came up for trial before the learned Special Judge SC/ST (PA) Cases Sawai Madhopur. Charges under Sections 147 148, 302, 302/149, 307, 307/149, 326, 326/149, 325, 325/149, 324, 324/149, 323 and 323/149 IPC were framed against the appellants, who denied the charges and claimed trial. During the course of trial accused Babu Lal @ Babu died and proceedings against him were dropped on January 2, 2002. The prosecution in support of its case adduced evidence of injured eye witnesses, medical evidence, deposition of motbirs and investigating officer. In the explanation under Section 313 Cr.P.C., the appellant claimed innocence. Four witnesses in support of defence were examined. Appellants Ram Phool and Ganga Bishan, who were absconding tried subsequently. All the appellants were convicted and sentenced by the learned trial Judge as indicated above.

(3.) DEATH of Prakash @ Ram Prakash was undeniably homicidal in nature. As per post mortem report (Ex. P. 31) following ante mortem injuries were found on the dead body: