RAMBABU ALIAS MUNNI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FINDING KHER-TREE culled, two groups indulged in a free fight resulting in injuries to persons of both groups and death of Vhabhuti. As many as 12 persons were put to trial before learned Additional Sessions Judge (Fast Track) Hindaun City, who vide judgment dated July 18, 2003 convicted and sentenced them as under:- Rambabu @ Munni U/s. 302 IPC : To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer rigorous imprisonment for three months. Under Section 148 IPC: To suffer simple imprisonment for one year. Under Section 341 IPC: To suffer simple imprisonment for one month. Under Section 323/149 IPC: To suffer simple imprisonment for six months. Babu Lal U/s. 302/34 IPC: To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer rigorous imprisonment for three months. Under Section 148 IPC: To suffer simple imprisonment for one year. Under Section 341 IPC: To suffer simple imprisonment for one month. Under Section 323/149 IPC: To suffer simple imprisonment for six months. Under Section 324 IPC: To suffer simple imprisonment for two years. Samanta U/s. 325 IPC: To suffer simple imprisonment for three years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. Under Section 148 IPC: To suffer simple imprisonment for one year. Under Section 341 IPC: To suffer simple imprisonment for one month. Under Section 323/149 IPC: To suffer simple imprisonment for six months. Ghanshyam U/s. 324 IPC: To suffer simple imprisonment for two years. Under Section 148 IPC: To suffer simple imprisonment for one year. Under Section 341 IPC: To suffer simple imprisonment for one month. Under Section 323/149 IPC: To suffer simple imprisonment for six months. The substantive sentences were ordered to run concurrently. Radhey Shyam, Mitha Lal, Ram Niwas @ Niwas, Jagan, Chhuttan, Parmal, Ram Gopal and Mahipat: Each convicted under Sections 148, 323/149 and 341 IPC, but granted benefit of probation under Section 4 (1) of the Probation of Offenders Act for keeping peace for a period of one year and each were directed to pay amount Rs. 500/- towards the cost of prosecution.

(2.) THE prosecution story is woven like this:- Informant Ram Swaroop (Pw. 17) handed over a written report on June 29, 2000 to SHO Police Station Mandrayal wherein it was stated that on the said day around 10 AM while Vhabhuti reached at his field he found that Mahipat and Ghanshyam were cutting tree of Kher. While Vhabhuti taking them to their house, Mahipat somehow escaped from the clutches of Vhabhuti. Meanwhile Jagan Kahar, Parmal, Ramhet, Chhuttan, Samanta, Gopal, Munni, Babu, Kamal, Niwas, Suresh, Mitha, Ramesh, Siya, Kalla, Raju and Radhey Shyam armed with lathis and Gandasis came and surrounded Vhabhuti. Babu inflicted blow with Gandasi on the head of Vhabhuti and others gave blows with lathis. Hearing hue and cry, Raghuvir, Hori Lal, Puran, Amrit Lal reached there and intervened, but they were also beaten up. On hearing about the incident from his son Jagmohan, the informant reached to the spot where Mukesh, Radhey Shyam and Kirodi told him the details of incident. On that report case under Sections 147, 148, 149, 341, 323 and 447 IPC was registered and investigation commenced. During the course of investigation Vhabhuti 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) Hindaun City. Charges under Sections 148, 323, 341, 325, 324, 302 and 302/149 IPC were framed against the appellants, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 25 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence and stated that on the date of incident Ghanshyam and Vhabhuti were beating Raghuvir, Hori Lal and Pooran and taking them to their house. THE incident was witnessed by Radhey Shyam and the accused party tried to save them. In that incident Jagan and Chhuttan received severe injuries and Ram Gopal, Ghanshyam, Parmal, Babu, Mitha Lal and Samanta also received injuries. THE appellants were innocent and implicated falsely. One witness Dr. Khemraj Banshiwal (Dw. 1) was examined to prove the injury reports of the accused party. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.

(3.) GOVIND Singh (PW. 25) who investigated the case deposed in the cross examination that cross case was registered against the complainant party.