BACHCHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in these appeals is to the judgment dated July 17, 2003 of the learned Additional Sessions Judge (Fast Track) No. 1, Bharatpur, whereby the appellants, four in number, were convicted and sentenced as under:- Bachchu Singh & Devi Prasad: Under Section 302/34 IPC: Both to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month. Girraj Prasad and Laxman: Under Section 302/109 IPC: Both to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month.

(2.) THE incident alleged to have occurred on February 2, 1993 at 4 PM in village Kumher District Bharatpur. However written report was transmitted by post from SMS Hospital Jaipur to SHO Police Station Kumher by informant Vinod Kumar Sharma on February 11, 1993. THE report was received on February 17, 1993. It was interalia stated in the report that on February 2, 1993 at 4 PM while the informant and his uncle Ramesh Chand (since deceased) were in the field and watering the crop and mother of informant was collecting green fodder, Girraj, Laxman, Devi and Bachchu armed with lathi and Pati came over there and started hurling abuses. THEy surrounded Ramesh Chand and asked him as to why he carried water by the side of their med (boundary) of field. Ramesh Chand replied that water always used to be carried by the side of boundary of the field. THEreupon Laxman and Girraj exhorted Devi to kill Ramesh Chand and Devi inflicted blow with Pati on the head of Ramesh Chand, as a result of which he fell down, Bachchu Singh then inflicted another blow on the head of Ramesh Chand. When informant and his mother intervened Girraj and Laxman caused injuries on the person of his mother. On raising alarm Lal Chand and Jahanu Koli intervened. Injured was removed to hospital Kumher from where he was referred to Bharatpur and Jaipur. It was further stated in the report that since all family members were involved in treatment of Ramesh Chand, who was admitted to SMS Hospital Jaipur, the report could be sent on February 11, 1993. On that report case under Sections 307, 447 and 34 IPC was registered and investigation commenced. During the course of investigation injured Ramesh Chand 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) No. 1 Bharatpur. Charges under Sections 302, 109 and 34 IPC were framed against the appellants, who denied the charge and claimed trial. THE prosecution in support of its case examined as many as 20 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Six witnesses were examined in support of defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.

(3.) BHAGWAN Dei (Pw. 5) deposed that on February 2, 1993 while she was collecting fodder and her Dewar (brother in-law) Ramesh was watering the field, whereas Jahan was working in the field of Babu Patwari and Vinod was at the Engine, Girraj, Laxman, Bachchu and Devi armed with lathis and pati came over there and started hurling abuses at Ramesh. Thereafter Laxman and Girraj caught hold of hands of Ramesh and Devi inflicted blow on left side of head of Ramesh as a result of which he fell down, then Bachchu inflicted blow on head of Ramesh, blood started oozing. She lay on Ramesh to save him but Girraj and Laxman lifted her and threw her away. They also inflicted blows with lathi on her person. According to her Jahan, Lal Chand and Vinod witnessed the incident and Ramesh died after one month and 5-7 days of the incident.