BANWARI LAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals arise out of the judgment dated 15.7.81 passed by the learned Sessions Judge, Sri Ganganagar in Session Case No. 98/80. By this judgment, accused Banwarilal and Brijlal were convicted under Sec. 326 read with Sec. 34 Indian Penal Code and sentenced to three years rigorous imprisonment and a fine of Rs. 500. Accused Manoharlal and Vijaypal were convicted under Sec. 302 Indian Penal Code and sentenced to imprisonment for life land a fine of Rs. 200. Accused Banwarilal, Manoharlal and Vijaypal have filed Appeal No. 431/81 whereas Brijlal has filed Appeal No. 443/81. Both the appeals have been heard together and they are being disposed of by this common judgment.

(2.) The unfortunate incident happened on 16.8.80 at about 10 a.m. in village Delwa in which Ramjas (50) lost his life. The case was registered in Police station Padampur on the basis of the statement of deceased Ramjas recorded by Dulichand, Head Constable at 2 p.m. in which it was stated that when Ramjas was at the bus-stand Delwa, Brijlal, Banwari, Manoharlal and Vijaypal came there. Brijlal caught hold of him and other three accused inflicted 'Gandasi' and 'Kassi' blows to him and they left him only when his wife and son Jagdish reached the place of occurrence. On the basis of this statement, a case was registered under Sec. 307 Indian Penal Code. However, when the Ramjas was being taken to the hospital, he died and therefore Sec. 302 Indian Penal Code was added. The police interrogated the witnesses, inspected the site, arrested the accused and recovered some weapons at their instance. The autopsy was held by Dr. Iqbal Singh who prepared the post mortem report P/20 at 5.15 p.m. After, the completion of the investigation all the 4 accused were challaned.

(3.) Charges under Sec. 302 Indian Penal Code were framed against accused Brijlal and Manoharlal. The other two accused were charged under Sec. 302 Indian Penal Code with the aid of Sec. 34 Indian Penal Code. All of them pleaded not guilty. The prosecution examined witnesses. Out of them PW 9 Dulichand HC is the police officer who had recorded the dying declaration Ex.P/21. PW 1 Padma is the wife of the deceased and PW 2 Jagdish is his son who are said to have witnessed the occurrence. PW 3 Hanuman and PW 4 Ram Narain have been examined to prove the dying declaration. PW 5 Ram Rakh was associated as a Motbir in the investigation. PW 6 Narendra Singh, FC had taken the articles of the case to the Forensic Science Laboratory, Jaipur. PW 8 Dr. Iqbal Singh, as already stated, had performed the autopsy on the body of Ramjas. PW 7 Ramjilal and PW 10 Babulal are the police officials who had taken part in the investigation of the case. In their statements under Sec. 313, Code Criminal Procedure the accused denied the recovery of any weapon at their instance. They did not examine any witness in defence. The learned Sessions Judge held that Ramjas met homicidal death. He further held that accused were the persons who had caused multiple injuries to Ramjas. He, therefore, convicted the two accused Vijay Pal and Manoharlal under Sec. 302 Indian Penal Code. He, however, acquitted the remaining two accused Banwarilal and Brijlal under Sec. 302 Indian Penal Code but convicted them under Sec. 326/34 Indian Penal Code.