PRABHATI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under Section 374 (2) of the Code of Criminal procedure is directed against the judgment and order dated 18-7-2003 passed by learned Additional District and Sessions judge (Fast Track) Behror, District Alwar, in Sessions Case No. 23/2002 (4/2002)whereby the accused appellant have been convicted and sentenced as under :-Appellant Pradeep Kumar under Section 302,i. P. C. To suffer imprisonment for life and fine of Rs. 1000/- in default to further suffer three months simple imprisonment. Under Section 148,i. P. C. One year rigorous imprisonment with fine of Rs. 500/- in default, two months simple imprisonment. Under Section 323/149,i. P. C. Six months rigorous imprisonment with fine of Rs. 200/- in default, one month additional simple imprisonment each. Under Section 447,i. P. C. Three months simple imprisonment. Appellants Prabhati Lal, Sheesh Ram, pramod, Nand Ram, Subhash Chand, prahlad, Mahendra, Bodan and Vishambhar dayal under Section 302/149 rigorous imprisonment for life with fine of Rs. 1000/- each in default, three months additional simple imprisonment each. Under Section 148, I. P. C. One year rigorous imprisonment with fine of Rs. 500/- each in default, two months simple imprisonment each. Under Section 323/149,i P. C. Six months rigorous imprisonment with fine of Rs. 200/- each and in default, one month additional simple imprisonment each. Under Section 447, I. P. C. Three months simple imprisonment. All the sentences were ordered to run concurrently.

(2.) AS per prosecution story the informant Mool Chand s/o. Rajaram Ahir r/o. Kankar, lodged a written report (Ex. P. 9) at police Station Behror on 29-9-2001 at 9. 30 a. m. with the averments that on the date of incident his father Ratiram had gone to his field at about 8 a. m. There was a dispute regarding the field. Vishambhar s/o. Mathuu ram, Parbhati s/o. Maduram, and Shishram s/o. Prabhati Ahir, inflicted lathi blows, causing him to fall down and then Pradeep s/o Vishambhar Ahir, who was on the driver's seat of the Tractor, along with pramod, s/o. Prabhati and Nandram s/o. Kanharam Ahir, sitting on mudguard of the tractor, ran,over Ratiram with front wheels to and fro in two three rounds and killed him. The Family members of the Informant who went in rescue were assailed by Roop s/o. Banwari, Subhash s/o. Banwari with lathi and Farsi causing Injuries to Jagdish s/o. Ghasiram, Slngha alias Ram Singh s/ o. Ghisaram who became unconscious. Prahlad s/o. Budhram, Mahendra s/o. Budhram, Bodan s/o. Amar Singh Ahir and subhash s/o, Gllore, who were armed with lathies and farsi obstructed the informant and others approaching Rati Ram. Then injured Jagdlsh s/o. Ghisa Ram and Ram singh s/o. Ghisa Ram were taken to hospital at 'mandan' while the dead body of ratiram was left there.

(3.) ON this report, a case under Sections 147. 148, 149, 323, 447, 302, IPC was registered and investigation commenced. Autopsy on the dead body of Ratiram was got conducted, necessary memos were drawn, statements of the 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 Additional Sessions Judge (Fast-Track)Behror, District Alwar. Charges under sections 447, 148, 323, 302 read with 149, IPC were framed against all the appellants and appellant Bodan was also additionally charge sheeted for the offence under section 4/25 of the Arms Act. The appellants pleaded not guilty to the charges and claimed trial. The prosecution in support of its case examined as many as 26 witnesses. In the explanation under Section 313, Cr. P. C. , the appellants claimed innocence and also stated that the appellant Shishram was ill in Delhi, the deceased Ratiram was sick and extremely old and that Prabhati had purchased field from Amar Singh and a false case was lodged so as to forcibly take possession of the said field. Three witnesses were examined in defence. Learned trial judge on hearing final submissions, convicted and sentenced the appellants as indicated above.