SHRIPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is yet another case of land dispute in which one person lost his life and others sustained injuries. The appellants, nine in number, were indicted before the learned Additional Sessions Judge (Fast Track) No. 2 Baran, who vide judgment dated February 28, 2003 convicted and sentenced them as under:- Appellants Beerbal, Shripal, Danmal, Chatra @ Chaturbhuj, Gobri Lal, Banshi Lal, Mukut Bihari, Brij Mohan & Atal Bihari: U/s. 147 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. 148 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. 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 for one year and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. Appellants Beerbal, Shripal and Danmal: U/s. 302 IPC: Each to suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer simple imprisonment for six months. Appellants Chatra @ Chaturbhuj, Gobri Lal, Banshi Lal, Mukut Bihari, Brij Mohan & Atal Bihari: U/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer simple imprisonment for six months. The substantive sentences were ordered to run concurrently.

(2.) IT is the prosecution story that on March 2, 1998, Ram Prasad ASI of Police Station Atru on receiving information over telephone that there was melee on the field of Dhanna Lal, rushed to the place of incident, where Rekhraj (Pw. 6) submitted a written report (Ex. P-19) to him to the effect that around 9 AM while he along with Dhanna and others was reaping mustard crop at the field of Dhanna, 10-12 assailants including Beerbal and Danmal armed with deadly weapons came over there. Beerbal caused injury with Gandasa on his left hand. Dhanna (since deceased) and three others also received injuries. On that report a case under sections 307, 147, 447, 148 and 149 IPC was registered and investigation commenced. In the course of investigation Dhanna Lal died and section 302 IPC came to be added. Necessary memos were drawn, statements of witnesses were recorded and after usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 2 Baran (Head Quarter Chhabra ). Charges under sections 147, 148, 302 alternatively 302/149, 324/149 and 323/149 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 19 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. One witness in support of their defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) TESTIMONY of Rekhraj and Shanti Lal gets corroboration from the statement of Gajanand (Pw. 9 ). Gajanand however admitted that land where incident took place entered in the name of accused Chatra Nayak.