BALDEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Madho son of Sheyodan on 4.3.1988 at about 10.00-11.00 PM at Harmada Road, Sanvatsar, Madanganj was murdered by causing injuries with lathis and stones.

(2.) Ranjeet Singh (PW.1) who had not witnessed the occurrence, on the information relayed by two eye-witnesses Laxman s/o Bhairu (PW.2) and Laxman s/o Harji (PW.4) presented written report (Ex.P.1) before ASI Hari Kishan (not examined) who was then posted at Police Station Madanganj. On the basis of said written report (Ex.P.1), formal FIR (Ex.P.2) bearing No. 30/1988 was registered at Police Station Madanganj for offences under Sections 147, 148, 149 and 302 IPC. Investigation of the said FIR was carried by Ram Ratan (PW.13), who was then posted as SHO, Police Station Roopangarh. During investigation Baldev, Sahdev both sons of Narayan, Parsa s/o Balwa, Banna s/o Laxman, Likhma s/o Ladu, residents of Sanvatsar, Sheyogi and Ranglal both sons of Moolaram, r/o Bhojiyawas, were nominated as accused.

(3.) The above said accused persons were tried by the Court of Additional Sessions Judge No. 2, Ajmer for offences under Sections 147, 302 r.w. 149 IPC. The trial court vide impugned judgment dated 30.3.1991 held all the above said accused guilty of offences under Sections 147 and 302/149 IPC. Having convicted the appellants for the said said offences, the trial court vide a separate order of even date sentenced the appellants as under:-