PHOOLA AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated April 4, 2003 of the learned Additional Sessions Judge (Fast Track) Laxmangarh, whereby the appellants, six in number, were convicted and sentenced as under:-

(2.) The prosecution story is woven like this:- Informant Naval Kishore (Pw.1) submitted a written report (Ex. P-1) on May 28, 1999 at Police Station Govindgarh stating therein that on the said day while they were constructing wall of their house Prakash along with 8-10 persons armed with Pharsis and lathis came over there and started demolishing the wall. When the complainant party objected, Prakash inflicted blow with Pharsi on the head of Devendra due to which his fell down, thereafter Sri Chand inflicted blow with pharsi on the head of Devendra, thereupon Devendra became unconscious. Harpyari and two other ladies caught hold of Brij Bihari and Pappu inflicted blow with lathi on the head of Brij Bihari. On raising alarm Shyam Lal and Kailash intervened. When the informant and others were going to police station they were belaboured on the way near Govindgarh Patrol pump by Sarvasukh, Kishan Lal, Harchand etc. Sarvasukh and Prakash inflicted blows with lathis on his (Naval Kishore) head and other family members also received injuries. Sum of Rs.1000.00 and wrist watch were snatched by Sarvasukh. On that report case under sections 147, 148, 149, 323, 341 and 379 Penal Code was registered and investigation commenced. During the course of investigation Pappu @ Devendra succumbed to his injuries. Autopsy on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed against the appellants. In due course the case came up for trial before the learned Additional Sessions Judge, Fast Track, Laxmangarh. Charges under sections 148, 302, 302/149, 324, 323, 341 and 427 Penal Code were framed against the appellants, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. In the explanation under Sec. 313 Cr.PC, the appellants claimed innocence. One witness was examined in support of defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.

(3.) We have heard the submissions advanced before us and scanned the material on record.