MUKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in these appeals is to the judgment dated October 10, 2001 of the learned Additional Sessions Judge (Fast Track) No. 2 Kishangarh Bas (Alwar), whereby the appellants, four in number, were convicted and sentenced as under:- Mukesh Kumar, Mat Ram, Bhim Singh & Udai Singh: U/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 3000/- in default to further suffer imprisonment for one year. U/s. 147 IPC: Each to suffer rigorous imprisonment for one year and fine of Rs. 500/- in default to further suffer imprisonment for two months. U/s. 148 IPC: Each to suffer rigorous imprisonment for two years and fine of Rs. 1000/- in default to further suffer imprisonment for four months. Substantive sentences were ordered to run concurrently.

(2.) IT is the prosecution case that on July 8, 1995 at 10 AM informant Udai Singh (Pw. 5) submitted a written report (Ex. P-10) at Police Station Khairthal District Alwar with the averments that on the said day around 7. 00 AM his uncle Dataram went to the field where the assailants Matram, Jale Singh, Mukesh, Pooran, Hari Singh, Sardara, Ramchander, Dharamveer, Natthi Ram, Mangalram, Shivlal, Chhajiyaram, Kishori, Banwari Lal, Bhim Singh, Udai Singh, Surajbhan, Sarjeet, Rajendra, Surjan, Ram Narayan, Uderam, Ram Swaroop, Rajveer, Vikram and Harmikh armed with lathi, Pharsi and spear belaboured Data Ram and killed him. The incident had been witnessed by Kaptan Singh, Dashrath and Ratan Singh. On that report case under Sections 147, 148, 149 and 302 IPC was registered and investigation commenced. Autopsy on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded, accused were arrested and on completion of investigation charge sheet was filed against 26 persons. Investigating Officer, however did not file charge sheet against Matram. In the Court a complaint was filed by the complainant against Matram, statements under Sections 200 and 202 Crpc were recorded and cognizance under Section 190 Crpc was taken against Matram. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 2 Kishangarh Bas District Alwar. Charges under Sections 147, 148, 302 and 149 IPC were framed against the accused, who denied the charges and claimed trial. During the course of trial accused Hari Singh died and proceedings against him stood dropped. The prosecution in support of its case examined as many as 13 witnesses. In the explanation under Sec. 313 Crpc, the accused claimed innocence. No witness in support of defence was however examined. Learned trial Judge on hearing final submissions, while acquitting 22 co-accused persons, convicted and sentenced four appellants as indicated above.

(3.) APPELLANT Matram relied upon the evidence of Kamlakar Dave (Pw. 10), Roop Narain (Pw. 11) and Ramesh Chand Sharma (Pw. 12) for his defence of plea of alibi. The Apex Court in Kajal Sen vs. State of Assam (2002)2 SCC 551 indicated that once prosecution led the evidence before the Court which remained unchallenged it would be open to accused to rely upon the same for his defence.