PREM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, five in number, were put to trial before learned Additional Sessions Judge Bayana (Bharatpur) in Sessions Case No. 66/1995, who vide Judgment dated March 5, 2001 convicted and sentenced them as under:

(2.) IT is the prosecution case that informant Gyan Singh (Pw.4) submitted a written report (Ex.P -8) at Police Station Bayana on May 23, 1995 with the averments that his nephew Hansraj entered into marriage with Prem daughter of Ram Lal and sister -in -law of Sujan. Because of this reason in the preceding night around 12.30 AM Sujan and other accused persons came armed with Guns and lathe. Prem and Panda started beating with lathes to Harbhan whereas Sujan, Dilip, Abhay Singh and Bharat opened fire as a result of which Harbhan died and Hansraj received injuries. On that report a case Under Sections 147, 148, 149, 307 and 302 IPC was registered arid investigation commenced. After due investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Bayana (Bharatpur). Charges Under Sections 147, 148, 302 and 307/149 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 16 witnesses. In the explanation Under Section 313 Cr.P.C., the appellants claimed innocence. No witness in defence was however examined. On hearing final submissions learned trial Judge convicted and sentenced the appellants as indicated herein above.

(3.) DEATH of Harbhan was homicidal in nature. Vide Post Mortem Report (Ex.P -14) following ante mortem injuries were found on the dead body: