GANRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 8-7-2002 passed by the learned Additional Sessions Judge No. 5, Kota whereby the appellants were convicted and sentenced as under :

(2.) AT the outset, an objection has been raised by the counsel appearing on behalf of the appellant Ganraj that since the appellant Ganraj is absconding, therefore, in his absence, the appeal cannot be heard by this Court. We do not find any merit in the objection raised by the learned counsel inasmuch as the question as to whether the appeal preferred by the convict, who subsequently absconded from the custody, can be heard, by the Court on merit, already stands settled by the decisions of the Hon'ble apex Court and so also by this Court. The reference in this regard may be made to the decisions of Hon'ble Supreme Court in shyam Deo Pandey v. State of Bihar (1971)1 SCC 855 : (1971 Cri LJ 1177), Ram Naresh yadav v. State of Bihar (AIR 1987 SC 1500): (1987 Cri LJ 1856), Bani Singh v. State of u. P. (1996) 4 SCC 720 : (1996 Cri LJ 3491)and the decision of this Court m the matter of Jitendra Kumar alias Bittu and Ors. v. State of Rajasthan and Ors. , 2007 (1) RCC 408, wherein it has been specifically held that even in absence of the accused appeal can be disposed of on merits, after hearing the appellant or his counsel or after appointing another counsel at the State cost to argue the case on behalf of the accused. Accordingly, the objection raised on behalf of the appellant is overruled and we proceed to hear the appeal on merits.

(3.) IT is the prosecution case that on 20-1-1997 at 6. 50 p. m. , Shri Kalu Lai-injured informant lodged an oral report at the Police Station Sangod and alleged that he had gone to Rajgarh to fetch fertilizer on a bullock cart. The informant accompanied by his father Kishan Lal, Suraj Mal, Jawahari Lal and Latoor Mali was coming back to village mandeeta on the bullock cart. When they reached from the side of Rajgarh village, near the school, Ram Dayal, Brahmani Lal, ganraj, Ghanshyam and Parmanand came from the opposite direction equipped with gandasi and lathies. They obstructed the way of the bullock cart and immediately started beating. It was further alleged that ganraj inflicted one blow on the head of the informant by gandasi and another blow on the right cheek and neck by a broken bottle. It was alleged that Brahmani Lal gave a blow-on his right leg by Dhansia and thereafter all the five persons started beating his father. It was further alleged in the report that informant Kalu under fear came to the village as pillion driver, on a motorcycle driven by one Mali.