BADRI NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CALAMITY be-fell on the family of Jagdish Narayan, who lost his life in a trifle dispute. Badri Narayan, Rameshwar, Seeta Ram and Amar Lal @ Lal Chand, appellants herein, were put to trial for having committed murder of Jagdish Narayan, before learned Additional Sessions Judge (Fast Track) No. 1, Jaipur City, who vide judgment dated August 18, 2003 convicted and sentenced them as under:- Badri Narayan U/s. 302 and Rameshwar, Seeta Ram and Amar Lal @ Lal Chand u/s. 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer rigorous imprisonment for six months.

(2.) THE prosecution story is woven like this:- Informant Mahesh Kumar (Pw. 5), at SMS Hospital Jaipur handed over a written report (Ex. P-2) on January 13, 1996 at 6. 15 PM to SHO Police Station Jamwa Ramgarh stating therein that on the said day around 8 AM his father Jagdish Narayan left home to go to the village and while he reached near the house of Rameshwar, Rameshwar started hurling abuses at him and demanded money, his father, in turn, asked for settlement of account. Thereupon Rameshwar started beating his father, meanwhile Badri Narayan also came over there and inflicted 6- 7 blows with Jelly on the head and other parts of body of his father. As a result of beating his father fell down and blood started oozing out from his nose, mouth and ears. Still all the four brothers and their ladies pelted stones. His elder brother Kanhaiya Lal was also beaten up by Badri Narayan who gave two blows on the waist of Kanhaiya Lal. His father, who was unconscious, was removed to hospital where he died during the course of treatment. On that report case under Sections 147, 148, 149, 302, 341/323, 356/504 IPC was registered and investigation commenced. During the course of investigation Jagdish Narayan succumbed to his injuries and Section 302 IPC was added. 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 only. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Jaipur City. Charges under Sections 302 and 302/34 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 27 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. One witness Jagdish Narayan Sharma (Dw. 1) was examined in support of defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.

(3.) HAVING scrutinised the entire material on record we notice that the prosecution case is founded primarily on the testimony of Sheopa Ram (Pw. 1), Jagdish Narayan (Pw. 4), Mahesh Kumar (Pw. 5) and Kanhaiya Lal (Pw. 11 ). Sheopa Ram (Pw. 1) in his cross examination deposed that on the date of incident there was a scuffle between Rameshwar and Jagdish (deceased ). He stated thus: