SUMARTHA & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Seventeen persons namely Sumartha, Radha Kishan, Harsi @ Har Sahai, Sanwaliya, Chimman, Dhansi, Kailash, Girdhari, Chhota, Ramparsiya @ Ram Prasad, Ramji Lal, Dharmchand @ Dharmi, Ram Khiladi, Ramnath, Bhola, Ram Singh and Harphool were sent for trial in case arising out of FIR No.93/85 dated 6.8.1985 registered at Police Station Laxmangarh, Alwar for the offences under Sections 302, 307, 323, 324, 147, 148 and 149 IPC. In the occurrence, Chhotiya died due to injuries caused and Muniram (P.W.2) and Resham (P.W.1) also suffered injuries in the occurrence. It may be highlighted here that one of the accused namely Sumartha who had given fatal blow with spade on the head of deceased Chhotiya also suffered injuries in the occurrence.

(2.) The case of the prosecution has emerged in the statement (Exhibit-P/1), made by Muniram (P.W.2) on the basis of which a formal FIR (Exhibit-P/38) bearing No.93/1985 was registered. The statement made by Muniram (P.W.2) leading to registration of FIR (Exhibit-P/38), when translated into English reads as under:-

(3.) From the above statement (Exhibit-P/1), on the basis of which formal FIR (Exhibit-P/38) was registered, reveals that the occurrence had taken place in two parts. In the first part of the occurrence, Sumartha, Sanwaliya, Harsi @ Har Sahay, Radha Kishan, Kailash, Dhansi and Chimman had participated. Remaining accused Bhola, Chhota, Ramnath, Dharmi, Ram Khiladi, Harphool, Ram Singh, Girdhari, Ramji Lal and Ram Parsiya arrived at the spot after the fatal blow was caused. Only allegation qua them is they encircled injured and had not permitted them to run away from the spot.