MITTHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MITTHAN Lal, the appellant herein, along with co-accused Vinod, Suresh Jagariya, Naresh, Rajendra, Ram Prakasth, Suresh Mudgal and Bhagwan Swaroop, was put to trial before learned Additional Sessions Judge (Fast Track) No. 1 Dholpur, who vide judgment dated December 22, 2003 while acquitting co-accused, convicted and sentenced the appellant under Section 302 IPC to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer one month simple imprisonment.

(2.) AS per the prosecution story on January 20, 1995 the informant Biri Singh (PW. 1) submitted a written report (Ex. P. 1) at 6 PM with the Police Station Sadar Dholpur to the effect that on the said day at Polling Booth of Panchgaon finding Suresh s/o Jagan Nath busy in forged polling when Hotam Singh nephew of informant forbade Suresh, he and Mitthan hurled abuses and threatened him of dire consequences. Around 4. 30 PM Mitthan armed with gun and Vinod, Suresh Jagariya, Naresh, Rajendra, Ram Prakash, Suresh Mudgal and Bhagwan Das having lathis and stones came over there and started pelting stones. Mitthan opened fire that hit Hotam Singh, who died on the spot. Hotam Singh and injured persons were removed to the hospital. On that report a case was registered and investigation commenced. Dead body was subjected to autopsy, necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 dholpur. Charges under Sections 147, 148, 336, 323, 325, 307, 302 and 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 29 witnesses. In the explanation under Sec. 313 Cr. P. C. , the accused claimed innocence. Appellant Mitthan stated that he was a contestant for the post of Sarpanch, being candidate of Congress and to debar him from the election he has been implicated falsely. Thereafter he won the election of Sarpanch while he was in Jail and defeated Megh Singh. Ten witnesses in support of their defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) TESTIMONY of Dr. R. C. Goyal gets belied even from the site plan (Ex. P. 3) where the place of incident was as under:- *******