BHAGWAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated May 30, 2003 of the learned Additional Sessions Judge No. 2 (Fast Track) Kota, whereby the appellants, three in number, were convicted and sentenced as under:- Bhagwan: U/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer simple imprisonment for six months. Om Prakash: U/s. 324 IPC: To suffer rigorous imprisonment for two years and fine of Rs. 2000/-, in default to further suffer simple imprisonment for two months. Ramesh Chand: U/s. 326 IPC: To suffer rigorous imprisonment for three years and fine of Rs. 3000/-, in default to further suffer simple imprisonment for three months. Six co-accused persons, who were put to trail along with the appellants, however were not found guilty and they stood acquitted. The State of Rajasthan did not choose to assail the finding of acquittal and it attained finality.

(2.) A written report was handed over on July 19, 2001 by informant Prem Shankar (PW. 5) at Police Station Budhadeet with the averments that on the said day around 10. 00 AM his Halis viz. Ram Kumar and Sita Ram had gone to the field to sprinkle medicines over crop of Soyabean. Around 1. 30 PM while the informant, Dhanraj, Ishwar and Hemant were returning from the field on a tractor, they were surrounded by Bhagwan, Om Prakash, Ramesh, Kesri Lal, Pappu, Chand Singh, Bajrang Lal, Ratna, Ram Charan, Satya Narayan, Chothmal and Ram Kalyan, who were armed with Swords, Dharia, Kutia and Lathis. Bhagwan then inflicted sword-blow on head of Dhanraj, Om Prakash and Ramesh inflicted Dharia blows on the head and legs of Ishwar and others started inflicting blows indiscriminately. Injured Dhanraj and Ishwar were removed to Sultanpur Hospital. Dhanraj, whose condition was serious, was referred to Kota Hospital where he was declared dead. On that report case under Sections 302, 147, 148, 149, 342 and 323 IPC was registered and investigation commenced. Necessary were recorded, appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 2 (Fast Track) Kota. Charges under sections 147 or 148, 302 or 302/149, 326, 325, 323 or 326/149, 325/149, 323/149 and 341 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 23 witnesses. In the explanation under Sec. 313 Crpc, the appellant claimed innocence and stated that the complainant party gave beating to them and committed murder of Ram Kalyan and cross case was registered against complainant party. Three witnesses were examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated above.

(3.) PREM Shankar (PW. 5) vide injury report (Ex. P. 4) received following injuries:- 1. Swelling on right hand & forarm lower 1/2 with bruise 5 cm x 4 cm on lower 1/2 forearm anteriorly bluish black. 2. Abrasion 1. 5 cm x 1 cm covered by reddish brown scab on swelling left hand dorsally. 3. Abrasion 4cm x 1 cm covered by reddish brown scab on right side of chest. 4. C/o pain left thigh.