ASHARAM S/O GIRRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals are directed against two judgments, both dated 30.05.2011, passed by Additional Sessions Judge(Fast Track), Sawaimadhopur (for short 'the trial court') in Sessions Case No. 10/2008(49/2007, 109/2007) and 10/2010(46/2010, 63/2010) respectively, whereby the accused-appellants were convicted and sentenced in the manner indicated below: <FRM>JUDGEMENT_172_LAWS(RAJ)3_2017_1.html</FRM>

(2.) Brief facts of the case are that a written report was submitted by Shyamlal at Police Station Kotwali, Sawaimadhopur alleging therein that on 30.05.2007 at about 6.00 PM, accused Asharam, Mojiram and Hanuman Meena were cutting a Babool tree standing in the land of informant. When his brother - Dhara Singh forbade the accused persons from cutting the tree, they ran after him, but could not apprehend him. But they threatened to see him afterwards. At about 6.30 - 7.00 PM, when the informant's father was returning to the village for dinner, the aforenamed accused persons, who were hiding in the 'nallah' near the well, subjected him to beating with 'lathis', as a result of which informant's father Surajmal sustained injuries. Thereafter all the accused persons armed with 'lathi', 'gandasi' and 'kulhari' came towards the well and accused Asharam, Shyokaran, Jairam, Mojiram, Mayram @ Miyaram, Shyoraj and Girraj gave beating to Hariram with 'gandasis' and 'lathies'. Accused Asharam inflicted injury with a 'gandasi' on the head of Hariram, as a result of which he fell down. Accused Maderam, Sukhram, Rattiram, Harkesh, and Babu gave beating to Munim. Maderam is alleged to have inflicted injury with a 'gandasi' on the head of Munim. Accused Hanuman inflicted injury with a 'gandasi' on the head of Rambharosi, Accused Ghanshyam and Kalu gave beating to Ram Singh with 'lathi'. Accused Narain and Jairam gave beating to Dhara Singh with 'lathi'. The informant was also given beating by Nanda, Babu and Bagchand. When the villagers came to their rescue, the accused persons ran away from there. The injured were taken to the Hospital at Sawaimadhopur where Hariram succumbed to the Injuries.

(3.) On the basis of aforesaid written report, police registered FIR No.232/2007(Exhibit P-2) for offences under sections 147, 148, 149, 323, 302, 324, 37 IPC and investigation commenced. The investigating officer, on 12.09.2007 filed charge sheet against accused-appellants Nanda @ Nandkishore, Asharam, Jairam, Mayram @ Miyaram, Hanuman, Shyokaran, Mojiram, Ratanlal and Ramphool under sections 147, 148, 149, 323, 324, 325, 307, 302, 447 IPC before competent court wherefrom the case was committed to the Court of Sessions. Investigation against accused-appellants Kamlesh and Ramkesh @ Keshya was kept pending under Section 173(8) Cr.P.C. Thereafter, on 07.01.2008, charge sheet against accused-appellant Kamlesh was filed for aforesaid offences before the competent court wherefrom the case was committed to the Court of Sessions. Trial of the case was then made over to Additional Sessions Judge(Fast Track), Sawaimadhopur. The trial court framed charges against the accused-appellants Nanda @ Nandkishore, Jairam, Hanuman, Shyokaran, Mojiram, Ratanlal, Ramphool and Kamlesh under Sections 148, 447, 323, 324/149, 307/149, 302/149 IPC; against accused-appellant Asharam under Sections 148, 447, 323, 324/149, 325/149, 307/149, 302 IPC and against accused-appellant Mayram @ Miyaram under Sections 148, 447, 323, 324, 325/14, 307, 302/149 IPC. The accused-appellants denied the charges and claimed to be tried. The prosecution produced 20 witnesses and exhibited 86 documents. Thereafter accused-appellants were examined under Section 313 Cr.P.C. wherein they pleaded innocence. In defence no witness was produced, but seven documents were exhibited.