RAM NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, nine in number, along with other co-accused, were put to trial before learned Additional Sessions Judge (Fast Track) No. 4 Jhalawar, who vide judgment dated November 15, 2003, while acquitting co-accused, convicted and sentenced the appellants as under:- Appellants Ram Narayan, Shiv Lal, Bal Chand, Champa Lal, Jagannath, Sujan, Badri Lal, Kanhi Ram and Onkar Lal: U/s. 302/149 IPC: Each to suffer life imprisonment and fine of Rs. 1000/-, in default to further suffer one year rigorous imprisonment. U/s. 148 IPC: Each to suffer rigorous imprisonment for two years and fine of Rs. 300/-, in default to further suffer rigorous imprisonment for three months. U/s. 147 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 200/-, in default to further suffer rigorous imprisonment for three months. THE substantive sentences were ordered to run concurrently.

(2.) IN the Parcha Bayan (Ex. P-1) recorded on April 28, 2001 at 9. 30 PM injured Poori Bai (Pw. 1) stated that on the said day around 6 PM while her husband Narayan had gone to buy tea-leaves, Ram Narayan Sarpanch along with his relatives came armed with weapons and inflicted injuries on the person of Narayan. Ram Narayan, Shiv Lal, Badri Lal, Bal Chand and Sujan were attributed Pharsa and sword blows on the head and legs of Narain. Champa Lal, Bhawani Singh, Onkar, Jagannath and Mangi Lal were alleged to have inflicted lathi blows. INformant Poori Bai was also beaten up by the assailants. On that Parcha Bayan a case under sections 147, 148, 341, 323 and 302/149 IPC was registered and investigation commenced. Site was inspected, necessary memos were drawn, statements of witnesses were recorded, accused 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. 4, Jhalawar. Charges under sections 147, 148, 341, 323/149 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 24 witnesses. IN the explanation under Sec. 313 Crpc, the accused claimed innocence. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions while acquitting co-accused persons convicted and sentenced the appellants as indicated above.

(3.) ON analysing the testimony of Poori Bai and Geeta Bai from the point of trustworthiness we find that it is consistent so far as the allegations against appellants Ram Narayan, Shiv Lal, Badri Lal, Bal Chand and Sujan are concerned. Participation of appellants Champa Lal, Jagan Nath, Kanhi Ram and ONkar Lal however could not be established beyond reasonable doubt. In the FIR it was stated by Poori Bai that they inflicted lathi blows on the person of Narain whereas at the trial injuries with Ballam and Pharsi were attributed to Lacchu and ONkar. Having separated chaff from the grain in the prosecution evidence, we do not find it reliable and creditworthy against appellants Champa Lal, Jagan Nath, Kanhi Ram and ONkar Lal. Possibility of their over implication in the case, cannot be ruled out.