KALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) KALU, Sheoraj, Shanti lal @ Shatiyo, Mauji Ram and Raju Lal, appellants herein, along with coaccused Ram Phool, Hari Ram, Hanuman and Shanti, were put to trial before learned Additional Sessions Judge (Fast Track) No. 1 Bundi, who vide judgment dated March 22, 2003, while acquitting coaccused persons convicted and sentenced the appellants as under:- KALU under Section 302 and Sheoraj, Shanti lal @ Shatiyo, Mauji Ram and Raju Lal U/s. 302/149 IPC: Each to undergo imprisonment for life and fine of Rs. 1500/- in default to further suffer one month simple imprisonment. U/s. 148 IPC: Each to undergo one year rigorous imprisonment and fine of Rs. 500/- in default to further suffer fifteen days simple imprisonment. The substantive sentences were ordered to run concurrently.

(2.) THE prosecution story is woven like this: On May 24, 1993 informant Ram Sukhi (P. W. 4) orally lodged a report (Ex. P-5) at Police Station Dei to the effect that in the preceding night while the informant, her son Ram Sahay (since deceased) and daughter-in-law Saroopi were sleeping in the chowk their bullock somehow entered the house of their neighbour Kalu (appellant), thereupon Kalu, Shantiya, Rajya, Mauji Ram, Sheoraj armed with axe and lathis came to their house and gave beating to Ram Sahay. Kalu inflicted blow with blunt side of axe on left rib of Ram Sahay and others gave beating to him with lathis. On that report case under Sections 147, 148, 149 and 302 IPC was registered and investigation commenced. Statements of witnesses under Section 161 Crpc were recorded accused were arrested necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Bundi. Charges under Sections 148 and 302/149 IPC were framed against the accused, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 11 witnesses. In the explanation under Sec. 313 Crpc, the accused claimed innocence. Four witnesses in support of defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.