BANGALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, six in number, were put to trial before learned Additional Sessions Judge (Fast Track) No. 2 Dholpur, who vide judgment dated February 13, 2002 convicted and sentenced them as under:- Appellant Rajesh: U/s. 302 IPC: To suffer life imprisonment and fine of Rs. 3000/-, in default to further suffer six months simple imprisonment. U/s. 307 IPC: To suffer rigorous imprisonment for five years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for two months. U/s. 324/149 IPC: To suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. U/s. 323/149 IPC: To suffer rigorous imprisonment six months and fine of Rs. 300/-, in default to further suffer simple imprisonment for fifteen days. U/s. 325/149 IPC: To suffer rigorous imprisonment for three years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for two months. U/s. 148 IPC: To suffer rigorous imprisonment for two years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for two months. Appellants Bangali, Jogesh, Dinesh, Omi @ Om Prakash and Sarvesh: U/s. 302/149 IPC: Each to suffer life imprisonment and fine of Rs. 3000/-, in default to further suffer six months simple imprisonment. U/s. 307/149 IPC: Each to suffer rigorous imprisonment for five years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for two months. U/s. 324/149 IPC: Each to suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. U/s. 323/149 IPC: Each to suffer rigorous imprisonment six months and fine of Rs. 300/-, in default to further suffer simple imprisonment for fifteen days. U/s. 325/149 IPC: Each to suffer rigorous imprisonment for three years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for two months. U/s. 148 IPC: Each to suffer rigorous imprisonment for two years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for two months. The substantive sentences were ordered to run concurrently.

(2.) IT is the prosecution case that on July 16, 1992 at 11. 15 PM Parmatma Prasad ASI (Pw. 19) of Police Station Kotwali Dholpur reached Sadar Hospital Dholpur and recorded statement of Kalla (Pw. 4), who was admitted in an injured condition. It was inter alia stated by Kalla in Parcha Bayan (Ex. P-10) that in the evening he had gone to the house of Dongar Tyagi and demanded money borrowed by Dongar Tyagi from him but Dongar Tyagi bluntly refused to make payment and hurled abuses at him. He got frustrated and came back to his well where Ramveer, Gopal and Pancham were already sitting. Soon thereafter Dongar Tyagi, Rajesh, Sarvesh, Omi, Dinesh and Bangali came to the well and surrounded him. Rajesh opened fire at him, but he some how escaped and fire hit Biram Devi, who was passing on the road. She fell down and died instantly. Kalla further stated that Rajesh opened another fire that hit below his right shoulder and palm. Mahesh and Ramji were also given beating with Pharsa, lathi by the assailants. On that Parcha Bayan a case under sections 147, 148, 149, 302, 323 and 324 IPC was registered and investigation commenced. Autopsy on the dead body was performed, site was inspected, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested 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, Dholpur. Charges under sections 148, 302, 302/149, 307, 307/149, 324/149, 323/149, 325/149 and 342 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 19 witnesses. In the explanation under Sec. 313 Crpc, the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.

(3.) ....Vernacular Text Ommited.... He further stated that when Ramji reached near the house of Asha Ram, Rajesh met him and Ramji and Rajesh quarreled in front of the house of Asha Ram. He too did reach there. Rajesh and other assailants surrounded him at the well and this fact was wrongly mentioned in Parcha Bayan (Ex. P- 10. According to him the incident, in fact did occur at Jatav Mohalla:-