PRATAP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN these appeals, the appellants, five in number, have impugned the judgment dated February 14, 2003 of the learned Sessions Judge Bundi whereby the appellants were convicted and sentenced as under:- Santosh Singh, Pratap Singh, Moti Lal, Kishan Lal and Badri Lal: u/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/- , in default to further suffer simple imprisonment for six months. u/s. 147 IPC: Each to suffer simple imprisonment for six months and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. u/s. 148 IPC: Each to suffer simple imprisonment for one year and fine of Rs. 1000/-, in default to further suffer simple imprisonment for three months. The substantive sentences were ordered to run concurrently.

(2.) THE prosecution case is as under:- Mathura Lal (PW. 2) handed over a written report (Ex. P. 4) to SHO Police Station Lakheri District Bundi on January 8, 2001 at 10. 15 PM at District Hospital Lakheri stating therein that on the said day around 6. 00 PM his grand daughter Kavita informed him that his father was beaten up. He then saw that his son Banwari was lying unconscious. On inquiry he came to know that Badri Lal, Kishan Lal, Moti Lal and two Sardars caused injuries to Banwari with sword and lathi. Banwari was immediately removed to hospital. On that report case under Sections 147, 148, 307 and 323/149 IPC and Section 3 SC/st (PA) Act was registered and investigation commenced. During the course of investigation charge sheet was filed. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Sessions Judge Bundi. Charges under Sections 147, 148 and 302/149 IPC were framed against the accused, who denied the charges and claimed trial. THE prosecution in support of its case examined as may as 17 witnesses. In the explanation under Sec. 313 Cr. P. C. , 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 herein above.

(3.) BHAWANI Shankar (PW. 3) repeated the version narrated by Ram Prasad. He however admitted that:- ;g dguk lgh gs fd mdr njoktk cun gksus ds ckn edku ds vunj D;k gks jgk gs ;g fn[kkbz ugha nsrk gsa He further stated that: efkqjk yky dks esaus ?kvuk ds ckjs esa dqn ugah crk;k] jke izlkn us crk;k Fkka