RAMJI @ RAMJILAL AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this appeal, appellants have challenged the judgment dated April 30, 2003 of the learned Additional Sessions Judge, (Fast Track), Dholpur whereby each of appellants Ramji and Peetam were convicted and sentenced as under:

(2.) The aforesaid report was forwarded to the police station where a case u/s. 147, 148, 149, 307, 302 IPC was registered. The Dy. S.P. who had reached at the spot, proceeded with the investigation and prepared site inspection map, recovered six empty cartridges cases of 8 mm/.315 IN KF and prepared other necessary memos. The autopsy on the dead body of Heera Singh, Jagnnath, Narpat and also of Mst. Janka, who had succumbed to the injuries, were got conducted. After collecting necessary evidence, accused Bhagwan Singh, Badan Singh, Bhagwan Singh S/o. Nahar Singh, Ramjilal, Deewan, Hakim, Jagdish, Jadon Singh, Ram Singh Siriya and Sonaram were challenged to the court in person. Challan against accused Bhanwar Singh was filed as a juvenile while against accused Ramji, Hariya, Peetam, Rameshwar, Vijay Singh, incomplete challan was filed in their absence as they were absconding. Thereafter on being arrested, complete charge sheet against accused Rameshwar was also filed. All the above accused who were put to trial were acquitted after the trial vide judgment dated 25.11.85 passed by Addl. Sessions Judge, Dholpur. Thereafter, accused Nirbhaya was also arrested and on being committed, he was also put to trial and he was also acquitted by Addl. Sessions Judge, Dholpur vide judgment dated 2.4.86. Thereafter, the present accused appellant Ramji @ Ramjilal was arrested and on being committed, he was put to trial and along with accused Peetam, while accused Hariya @ Hari Singh and Vijay Singh were reported to have expired.

(3.) Accused Ramji and Peetam were charge -sheeted for the Offences u/s. 148, 302, 302/149, 307 307/149, 325/149, 323/149 IPC. They pleaded not guilty and hence the trial commenced. The prosecution examined as many ten witnesses and then the statements of the accused were recorded u/s. 313 Cr.P.C. They expressed that they had committed no offence and were falsely implicated on account of enmity. However, no defence was led by them. After trial the learned trial court convicted the two accused as stated hereinabove.