IKLIWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) OUT of 19 accused named in the FIR, only 7 were put to trial before the learned Additional Sessions Judge (Fast Track) No. 2, Baran Head Quarter Chhabra, who vide judgment dated September 4, 2003 convicted and sentenced all the seven accused (appellants herein) as under:- Ikliwar, Hanumant Singh, Raghuvir Singh, Bablu, Laxman, Bardha @ Subedar and Shivraj : U/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer three months simple imprisonment. U/s. 148 IPC: Each to suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer one month simple imprisonment. Shivraj & Laxman: U/s. 3/25 Arms Act: Both to suffer rigorous imprisonment for three years and fine of Rs. 300/-, in default to further suffer one month simple imprisonment. Sentences were directed to run concurrently.

(2.) ON December 24, 2000 at 3. 45 PM informant Jai Hind son of Bhanwar Singh (Pw. 15 ) submitted a written report (Ex. P-19) at Police Station Bapcha stating therein that on the said day around 1 PM while the informant and his family members were at home, Laxman, Shivraj, Bablu, Sumer Singh, Man Singh, Genda, Ikliwar, Hanumant Singh, Meharban Singh, Subedar, Kankan, Jaswant, Narayan, Kalandar, Lala Ram, Kamlesh, Hamira, Keshav and Raj Kumar armed with Guns, Gandasis, Ballam and Lathis came to their home and started hurling abuses. When the informant, Rambabu, Kunwar (deceased) and Jagdish made attempt to run away, they were surrounded. Laxman then opened fire that hit Kunwar as a result of which he sustained injuries. While Kunwar was taken to the Hospital in a Tractor, he died. ON that report case under sections 147, 148, 149, 302 and 307 IPC was registered and investigation commenced. ON completion of investigation charge sheet was filed only against seven appellants. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 2, Baran Head Quarter Chhabra. Charges under sections 148, 302/149 and 302 IPC and 3/25 Arms Act were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 21 witnesses. In the explanation under section 313 Cr. P. C. , the appellants claimed innocence. ONe witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) SINCE Ramesh did not attribute gun shot injuries to appellants we are of the view that guilt against the appellants could not be established beyond reasonable doubt. On examining the testimony of Ram Babu (PW. 8) Chandan Singh (PW. 11), Jagdish (PW. 14), Jai Hind (PW. 15) and Dolya (PW. 16) from the point of view of trustworthiness we find it highly unreliable and untruthful.