KUNJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) KUNJI, (appellant herein) and his two minor sons were named as accused in the FIR lodged on September 1, 1997. Charges under sections 302/34, 341/34 and 323/34 IPC however could not be established against minor sons and learned Juvenile Court acquitted them. Appellant was however found guilty under sections 302/34 and 323 IPC and learned Additional Sessions Judge Dholpur convicted and sentenced him. In this back drop, following question emerges for our consideration:- &nbsp&nbsp&nbsp&nbsp&nbsp" Whether a person could be convicted of aiding and abetting an offence even though other offenders had been acquitted on the same evidence in another trial?"

(2.) GANGADHAR (since deceased) Kunji (appellant), Rammu (PW. 3) and Charan Singh were real brothers. On September 1, 1997 at 10 AM while GANGADHAR and Rammu had been ploughing the field jointly owned by four brothers, Kunji, and his three sons viz. Panna Lal, Niroti and Dhan Singh came to the field and asked Ganga Dhar and Rammu to leave the field. After hot exchanges Kunji and his three sons allegedly inflicted lathi blows on the person of Rammu and GANGADHAR. Parcha Bayan (Ex. P. 6) of Rammu got recorded and case under sections 447 and 323 IPC was registered against the appellant and his sons and investigation commenced. In the course of investigation injured GANGADHAR died and section 302 IPC came to be added. On completion of investigation charge sheet was filed against the appellant. Since co-accused Panna Lal and Niroti were juvenile they were indicted before the Juvenile Court. Learned Additional Sessions Judge Dholpur framed charges under sections 323 and 302/34 IPC against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 15 witnesses. In the explanation under section 313 Cr. P. C. , the appellant claimed innocence. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above. Co-accused Panna Lal and Niroti however stood acquitted by the Juvenile Court.