JOHARI LAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants were tried before the Additional Sessions Judge, Gangapur City for causing murder of Ramji Lal son of Panna Lal, aged 45 years, village Sahar at about 10/11 a.m. on June 11, 1990, in Sessions Case No. 13/1991 and vide judgment dated July 23, 1993 they were convicted under Sec. 302 Indian Penal Code and sentenced to undergo life imprisonment and to pay fine of Rs. 500.00 each. They were further convicted for the offence under Sec. 447 Indian Penal Code and sentenced to one month's simple imprisonment. In default of payment of fine they were sentenced to undergo one month's simple imprisonment. The substantive sentences were ordered to run concurrently.

(2.) The factual aspect of the prosecution case is extensively set out in the impugned judgment of the trial court. Put briefly, the prosecution case, as unfolded in first information report, is that the deceased Ramji Lal had gone to his field known as 'Khudawala' at 4.00 a.m. On the day of incident i.e. June 11, 1990. His son Bhawani Singh (PW 1) came there with break-fast for him at about 11 a.m. He found all the three appellants assaulting his father with knives. Thereafter, they poured acid on his body and went away towards village Gandal. Bhawani Singh, then, came back to the village and informed about the incident to his uncles Sonia (PW 3) and Kishore (PW 4). The dead body was brought to the village in a bullock cart and a written report of the incident was made by Bhawani Singh at Police Station, Nadauti, at 4.45 p.m. On this report, Crime No. 64/1990 was registered under Sections 302 and 341 Indian Penal Code. The investigation of the case was made by PW 8 K.P Singh and PW 10 Deshraj. During investigation, inquest report Ex.R 6, site plan Ex.R 3 were prepared. Blood stained and control soil were taken from the place of incident vide Ex.P 11 and R 15. Post-mortem of the dead body was conducted by PW 2 Dr. Jagan Lal Meena at 5.30 p.m. on the same day vide post-mortem report Ex.R 7. As per the report, the deceased had nine incised wound and there were multiple burn areas on back side of his body as detailed out in the report. In the opinion of the Doctor, cause of death was external and internal haemorrhage and shock caused by multiple incised wounds on the head and injury in the brain matter. Digestive material was also found present in small intestine and faecal material was present in large intestine of the deceased.

(3.) After usual investigation, a charge sheet came to be filed against the appellants in the Court of the concerned Munsif and Judicial Magistrate, who in turn committed the case to the Court of Additional Sessions Judge Gangapur City. Learned trial Judge framed charges under Sections 302 and 447 Indian Penal Code against the appellant Murari. The remaining appellants were charged for the offences under Sections 447 and 302 Indian Penal Code or alternate under Sec. 302/34 Indian Penal Code.