RAM RATAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants nine in number, were put to trial before learned Sessions Judge, Sawai Madhopur, who vide judgment dated August 12, 2002 convicted and sentenced each of the appellants as under: Ram Ratan : Under Section 302 I. P. C. : To suffer imprisonment for life. Under Section 148 I. P. C. : To suffer rigorous imprisonment for three years. Under Section 447 I. P. C. : To suffer rigorous imprisonment for three months. Batti Lal, Manbhar, Dhapa, Sammi, Ram Parsi, Kajod, Bharat Lal and Charat Lal: Under Section 326/149 I. P. C. : Each to suffer rigorous imprisonment for three years. Under Section 147 I. P. C. : Each to suffer rigorous imprisonment for two years. Under Section 447 I. P. C. : Each to suffer rigorous imprisonment for three months. Substantive sentences were ordered to run concurrently.

(2.) IT is the prosecution case that on October 26, 2001 informant Nanag Ram (PW-3) submitted a written report (Ex. P/1) at Police Station Malarna Doongar (Sawai Madhopur) to the effect that on the said day around 9 a. m. while Nanag Ram, Daya Ram, Kamli and Lad Bai were working at their field Kajod, Bharat Lal, Charat Lal, Batti Lal, Hajari, Ram Ratan, Rajesh, Kajod S/o Ramesh, Dhapa, Manbhar, Ram Parsi and Sammi armed with lathis, Gandasi, Paila, Axe and iron-rod came over there. Ram Ratan having exhorted Rajesh to kill the members of complainant party, inflicted three blows with Gandasi on the head of Dayaram, as a result of which he fell down. Batti Lal then inflicted lathi blow on the person of Nanag Ram and Manbhar gave stone-blow on his face. Kamli and Lad Bai were beaten up by Kajod, Batti Lal, Charat Lal, Bharat Lal, Ram Ratan, Rajesh, Dhapa, Manbhar, Ram Parsi and Sammi. On that report case under Sections 147, 148, 447, 323, 324, 302 and 149 I. P. C. was registered and investigation commenced. Autopsy on the dead body was performed, 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 Sessions Judge Sawai Madhopur. Charges under Sections 447, 148, 302, 302/149, 324/149 and 323 I. P. C. were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 21 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Four witnesses in support of defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.

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