HARNAND RAM AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants, four in number, were indicated before the learned Additional Sessions Judge Jhunjhunu, for having committed murder of Har Lal. Learned Judge vide judgment dated Sept. 21, 2001 convicted and sentenced them as under :

(2.) The prosecution case as unfolded during trial is that on Feb. 6, 1995 informant Manbhari Devi (Pw.2) submitted a written report (Ex.D-1) at Police Station Nawalgarh to the effect that on the said day around 11.30 AM' she alongwith her husband Har Lal and daughter Kamla had gone to their field situated near the Dhani of Harnand, who was her Jeth (elder brother of Har Lal). Har Nand pursuaded Har Lal to go with him and in turn Har Lal proceeded with Har Nand. After some time she heard cries of Har Lal. She rushed to the house of Har Nand and found Har Lal lying on the ground and Har Nand, Mukh Ram, Patasi, Santosh and Mohini were giving beating to him with Jelly, Gandasi and lathis. When informant tried to intervene, she was threatened by them. Informant alongwith her daughter Kamla thereafter proceeded to the police station and handed over the report. On that report a case was registered under sections 147, 148 and 302 read with 149 Penal Code and investigation commenced. Dead body of Har Lal was subjected to autopsy, 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 Jhunjhunu. Charges under sections 147 and 302 read with, 149 Penal Code were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 13 witnesses. In the explanation under Sec. 313 CrPC, the appellants claimed innocence. Three witnesses in support of defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) Learned counsel for the appellants while assailing the impugned judgment took us through the material on record.